Sunday, May 31, 2009

Quick Reference - California Vehicle Code 23152 through 23229

CALIFORNIA CODESVEHICLE CODESECTION 23152
(a) It is unlawful for any person who is under the influenceof any alcoholic beverage or drug, or under the combined influenceof any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, byweight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, byweight, of alcohol in a person's blood is based upon grams of alcoholper 100 milliliters of blood or grams of alcohol per 210 liters ofbreath. In any prosecution under this subdivision, it is a rebuttablepresumption that the person had 0.08 percent or more, by weight, ofalcohol in his or her blood at the time of driving the vehicle if theperson had 0.08 percent or more, by weight, of alcohol in his or herblood at the time of the performance of a chemical test within threehours 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 motorvehicle, 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 herblood at the time of the performance of a chemical test within threehours after the driving.

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