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Below is the basic law regarding DUI in California found in California Vehicle
Code Section 23152. If you have been
accused of Drunk Driving in California, you can see that California DUI law can be be
very complicated. Contact a California DUI attorney with your specific questions
concerning the defense of your DUI.
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.
California DUI Penalties:
Penalty
- First Conviction
Conditions of
Probation - First DUI Conviction
Additional Legal and DUI Resources:
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