What is California Vehicle Code § 23152 about? Quick Answer
- California Vehicle Code § 23152 defines the offense of driving under the influence (DUI). It outlines several specific violations, including DUI involving alcohol, having a BAC over 0.08%, drug-related impairment, and exceptions for those in approved treatment programs.
California takes driving under the influence seriously. Vehicle Code § 23152 outlines several situations where operating a vehicle while impaired is unlawful. Understanding these laws can help you avoid costly legal issues.
What California Vehicle Code § 23152 Says
Driving Under the Influence of Alcohol
It is illegal for anyone to drive a vehicle while under the influence of any alcoholic beverage. This applies regardless of your blood alcohol concentration (BAC). If alcohol has impaired your driving ability, you can be charged with DUI even if your BAC is below legal limits.
Blood Alcohol Concentration Limits
For most drivers, the legal limit is 0.08% BAC. If chemical testing shows this level within three hours of driving, there's a rebuttable presumption that you were over the limit while driving.
Commercial vehicle drivers face stricter regulations with a 0.04% BAC limit. The same presumption applies if testing occurs within three hours of driving.
As of July 1, 2018, drivers carrying passengers for hire (such as rideshare or taxi drivers) also face the lower 0.04% BAC limit. This applies whenever a paying passenger is in the vehicle.
Driving Under the Influence of Drugs
It's unlawful to drive while under the influence of any drug, including prescription medications, if they impair your driving ability. Additionally, driving under the combined influence of drugs and alcohol is prohibited.
Drug Addiction Exception
The law prohibits people addicted to drugs from driving. However, there's an exception for those participating in approved narcotic treatment programs.
The Full California Statute: § 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 a 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) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, "passenger for hire" means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a 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.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
(Amended by Stats. 2016, Ch. 765, Sec. 1. (AB 2687) Effective January 1, 2017.)
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