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Jackson DUI Lawyers
- Michael Fannon:
Cal Veh Code § 23152 (2004)
§ 23152. Driving under the influence; Drivers of commercial vehicles
(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. § 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.
- Jeffrey Seaton:
Whether you live in the Jackson, California area or you were driving through Amador County on your way to or from the Jackson Rancheria, the vineyards or Lake Tahoe, being stopped for a traffic violation or DUI can turn your pleasure trip into a legal nightmare. If you are arrested for DUI and want to keep your driving privileges, you must schedule a DMV hearing within 10 days.
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