California's
Drunk
Driving
Law -
Driving
Under
Influence
of
Alcohol
or
Drugs
23152. (a)
It is
unlawful
for
any
person
who is
under
the
influence
of any
alcoholic
beverage
or
drug,
or
under
the
combined
influence
of any
alcoholic
beverage
and
drug,
to
drive
a
vehicle.
(b) It
is
unlawful
for
any
person
who
has
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
to
drive
a
vehicle.
For
purposes
of
this
article
and
Section
34501.16,
percent,
by
weight,
of
alcohol
in a
person's
blood
is
based
upon
grams
of
alcohol
per
100
milliliters
of
blood
or
grams
of
alcohol
per
210
liters
of
breath.
In any
prosecution
under
this
subdivision,
it is
a
rebuttable
presumption
that
the
person
had
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of
driving
the
vehicle
if the
person
had
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of the
performance
of a
chemical
test
within
three
hours
after
the
driving.
(c) It
is
unlawful
for
any
person
who is
addicted
to the
use of
any
drug
to
drive
a
vehicle.
This
subdivision
shall
not
apply
to a
person
who is
participating
in a
narcotic
treatment
program
approved
pursuant
to
Article
3
(commencing
with
Section
11875)
of
Chapter
1 of
Part 3
of
Division
10.5
of the
Health
and
Safety
Code.
(d) It
is
unlawful
for
any
person
who
has
0.04
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
to
drive
a
commercial
motor
vehicle,
as
defined
in
Section
15210.
In any
prosecution
under
this
subdivision,
it is
a
rebuttable
presumption
that
the
person
had
0.04
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of
driving
the
vehicle
if the
person
had
0.04
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of the
performance
of a
chemical
test
within
three
hours
after
the
driving.
(e)
This
section
shall
become
operative
on
January
1,
1992,
and
shall
remain
operative
until
the
director
determines
that
federal
regulations
adopted
pursuant
to the
Commercial
Motor
Vehicle
Safety
Act of
1986
(49
U.S.C.
Sec.
2701
et
seq.)
contained
in
Section
383.51
or
391.15
of
Title
49 of
the
Code
of
Federal
Regulations
do not
require
the
state
to
prohibit
operation
of
commercial
vehicles
when
the
operator
has a
concentration
of
alcohol
in his
or her
blood
of
0.04
percent
by
weight
or
more.
(f)
The
director
shall
submit
a
notice
of the
determination
under
subdivision
(e) to
the
Secretary
of
State,
and
this
section
shall
be
repealed
upon
the
receipt
of
that
notice
by the
Secretary
of
State.
Repealed
Ch.
708,
Stats.
1990.
Effective
January
1,
1991.
Operative
January
1,
1992.
Amended
Ch.
974,
Stats.
1992.
Effective
September
28,
1992.
Amended
Sec.
31,
Ch.
455,
Stats.
1995.
Effective
September
5,
1995.
NOTE:
This
section
remains
in
effect
only
until
notice
by the
Secretary
of
State,
at
which
time
it is
repealed
and
the
following
section
becomes
effective.
23152. (a)
It is
unlawful
for
any
person
who is
under
the
influence
of any
alcoholic
beverage
or
drug,
or
under
the
combined
influence
of any
alcoholic
beverage
and
drug,
to
drive
a
vehicle.
(b) It
is
unlawful
for
any
person
who
has
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
to
drive
a
vehicle.
For
purposes
of
this
article
and
Section
34501.16,
percent,
by
weight,
of
alcohol
in a
person's
blood
is
based
upon
grams
of
alcohol
per
100
milliliters
of
blood
or
grams
of
alcohol
per
210
liters
of
breath.
In any
prosecution
under
this
subdivision,
it is
a
rebuttable
presumption
that
the
person
had
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of
driving
the
vehicle
if the
person
had
0.08
percent
or
more,
by
weight,
of
alcohol
in his
or her
blood
at the
time
of the
performance
of a
chemical
test
within
three
hours
after
the
driving.
(c) It
is
unlawful
for
any
person
who is
addicted
to the
use of
any
drug
to
drive
a
vehicle.
This
subdivision
shall
not
apply
to a
person
who is
participating
in a
narcotic
treatment
program
approved
pursuant
to
Article
3
(commencing
with
Section
11875)
of
Chapter
1 of
Part 3
of
Division
10.5
of the
Health
and
Safety
Code.
(d)
This
section
shall
become
operative
only
upon
the
receipt
by the
Secretary
of
State
of the
notice
specified
in
subdivision
(f) of
Section
23152,
as
added
by
Section
25 of
Chapter
1114
of the
Statutes
of
1989.
Amended
Ch.
708,
Stats.
1990.
Effective
January
1,
1991.
Amended
Ch.
974,
Stats.
1992.
Effective
September
28,
1992.
Amended
Sec.
32,
Ch.
455,
Stats.
1995.
Effective
September
5,
1995.
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