Offenses Involving Alcohol and Drugs

Cal. VEH § 23152

California Statutes

(

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 milliliters of blood or grams of alcohol per 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 of Part 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.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23152
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23152.20167651

Offenses Involving Alcohol and Drugs

Cal. VEH § 23152

California Statutes

Offenses Involving Alcohol and Drugs

Cal. VEH § 23152

California Statutes

(

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 milliliters of blood or grams of alcohol per 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 of Part 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.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23152
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23152.20167651