§ 23152 Driving Under Influence of Alcohol or Drugs

Codes > California Vehicle Code > Division 11 > Chapter 12 : Article 2 > 23152

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.