California Vehicle
Code VC 23152 - Driving Under Influence of Alcohol or Drugs23152. (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subdivision (e) to the Secretary of State, and this section shall be repealed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
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