BILL NUMBER: SB 1437	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 21, 2014

   An act to amend Section 23152 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1437, as introduced, Gaines. Vehicles: driving under the
influence.
   Existing law prohibits a person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug, or who has 0.08% or more, by weight, of
alcohol in his or her blood, or who is addicted to the use of any
drug, to drive a vehicle. Existing law prohibits a person who has
0.04% or more, by weight, of alcohol in his or her blood to drive a
commercial motor vehicle, as defined.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23152 of the Vehicle Code is amended to read:
   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  pursuant to 
this subdivision, it is a  rebuttable   rebuttal
 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 any prosecution  under   pursuant to 
this subdivision, it is a  rebuttable  
rebuttal  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) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
   (f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.
   (g) This section shall become operative on January 1, 2014.