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Advice and useful information about DUIs in Marin County, California

Vehicle code that pertains to DUI - Usual charge is Section 23152

Last post 01-20-2008 2:24 PM by admin. 0 replies.
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  • 01-20-2008 2:24 PM

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    Vehicle code that pertains to DUI - Usual charge is Section 23152

    The "Garden Variety" DUI usually is charged with 23152 (a) and 23152 (b). The california vehicle code section 23152 is below:

    California vehichle code - Section 23152

    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.




    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) This section shall become operative only upon the receipt by
    the Secretary of State of the notice specified in subdivision (f) of
    Section 23152, as added by Section 25 of Chapter 1114 of the Statutes
    of 1989.


    For More complete information visit: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1

     

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