I have listed the entire California Vehicle Code 23152(a) and (b), which is commonly referred to as the Driving Under the Influence of Alcohol or Drugs or DUI charge;
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.
If you or a family member have been arrested and charged with Driving Under the Influence of Alcohol or Drugs in California you will need a good DUI Attorney. Call today for a FREE DUI consultation.