Driving Under the Influence of Alcohol or Drugs
California Vehicle Code 23152
Have you been arrested and charged with California Vehicle Code 23152(a) and 23152(b)? This California vehicle code section is typically referred to as the DUI code or referred to as Driving Under the Influence of Alcohol and Drugs in California. We are aRancho Cucamonga DUI law firm located in Rancho Cucamonga. We defend individuals charged with drunk driving or DUI throughout San Bernardino and Riverside California.
Our San Bernardino & Riverside DUI Attorney has appeared in most of the San Bernardino criminal courts. Our main DUI law office is located in Ontario California right next to the Rancho Cucamonga, Pomona, and Fontana California criminal court. We have defended misdemeanor DUI charges as well as felony DUI charges.
We always offer a FREE San Bernardino & Riverside DUI consultation. Call today and discuss your DUI charges with our Rancho Cucamonga DUI and criminal defense lawyer today. Don't hesitate -protect your legal rights.
We have included the entire California Vehicle Code section 23152 below:
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.