Sunday, January 26, 2014

New California DUI Code Section Language, San Diego DUI attorneys note

San Diego County DUI Law Center notes that this month
the California law on Drunk Driving changed.  The law used
to combine Alcohol and/or Drugs.  Not anymore say DUI Attorneys
in San Diego California.  Here it is:

California Vehicle Code
Driving Under Influence of Alcohol or Drugs

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.