California Vehicle
Code VC 23153 - Driving Under Influence of Alcohol or Drugs Causing Injury23153.
(a) It is unlawful for any person, while under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic beverage and
drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect
any duty imposed by law in driving the vehicle, which act or neglect proximately
causes bodily injury to any person other than the driver. (b) It is unlawful
for any person, while having 0.08 percent or more, by weight, of alcohol in his
or her blood to drive a vehicle and concurrently do any act forbidden by law,
or neglect any duty imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to any person other than the driver. 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 driving. (c) In proving the person neglected any
duty imposed by law in driving the vehicle, it is not necessary to prove that
any specific section of this code was violated. (d) It is unlawful for any
person, while having 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, and concurrently
do any act forbidden by law or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to any person other
than the driver. 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 performance
of a chemical test within three hours after 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
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 and Added Ch. 1114, Stats. 1989. Operative
January 1, 1992.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991.
Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September
28, 1992. 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. 23153. (a) It is unlawful for any person, while
under the influence of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle and concurrently do any
act forbidden by law or neglect any duty imposed by law in driving the vehicle,
which act or neglect proximately causes bodily injury to any person other than
the driver. (b) It is unlawful for any person, while having 0.08 percent
or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently
do any act forbidden by law or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to any person other
than the driver. 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 driving. (c) In proving the
person neglected any duty imposed by law in driving the vehicle, it is not necessary
to prove that any specific section of this code was violated. (d) This section
shall become operative only upon the receipt by the Secretary of State of the
notice specified in subdivision (f) of Section 23153, as added by Section 30 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. California
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