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 23152 of the Vehicle Code is amended
2to read:
(a) It is unlawful for a person who is under the
4influence of any alcoholic beverage to drive a vehicle.
5(b) It is unlawful for a person who has 0.08 percent or more, by
6weight, of alcohol in his or her blood to drive a vehicle.
7For purposes of this article and Section 34501.16, percent, by
8weight, of alcohol in a person’s blood is based upon grams of
P2 1alcohol per 100 milliliters of blood or grams of alcohol per 210
2liters of breath.
3In any prosecutionbegin delete underend deletebegin insert pursuant toend insert this subdivision, it is
a
4begin deleterebuttableend deletebegin insertrebuttalend insert presumption that the person had 0.08 percent
5or more, by weight, of alcohol in his or her blood at the time of
6driving the vehicle if the person had 0.08 percent or more, by
7weight, of alcohol in his or her blood at the time of the performance
8of a chemical test within three hours after the driving.
9(c) It is unlawful for a person who is addicted to the use of any
10drug to drive a vehicle. This subdivision shall not apply to a person
11who is participating in a narcotic treatment program approved
12pursuant to Article 3 (commencing with Section 11875) of Chapter
131 of Part 3 of Division 10.5 of the Health and Safety Code.
14(d) It is unlawful for a person who has 0.04 percent or
more, by
15weight, of alcohol in his or her blood to drive a commercial motor
16vehicle, as defined in Section 15210.
17In any prosecutionbegin delete underend deletebegin insert pursuant toend insert this subdivision, it is a
18begin deleterebuttableend deletebegin insertrebuttalend insert presumption that the person had 0.04 percent
19or more, by weight, of alcohol in his or her blood at the time of
20driving the vehicle if the person had 0.04 percent or more, by
21weight, of alcohol in his or her blood at the time of the performance
22of a chemical test within three hours after the driving.
23(e) It is unlawful for a person
who is under the influence of any
24drug to drive a vehicle.
25(f) It is unlawful for a person who is under the combined
26influence of any alcoholic beverage and drug to drive a vehicle.
27(g) This section shall become operative on January 1, 2014.
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