The Actual Statute

Here is the actual DUI statute for those that are interested. It is found in the California Vehicle Code. Attention should be paid to subsection (a) (b), and (e). 23152(e) is new, it was recently created to single out driving under the influence of drugs, like Marijuana as the earlier posts dealt with.

23152.  (a) It is unlawful for a person who is under the influence
of any alcoholic beverage to drive a vehicle.
   (b) It is unlawful for a 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 a 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 a 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) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
   (f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.
   (g) This section shall become operative on January 1, 2014.



Courtesy of http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s