Section 23152. Driving under influence; blood alcohol percentage; presumptions
(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section shall be repealed upon the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.
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