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California Vehicle Codes Defined:
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section shall be repealed upon the receipt of that notice by the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.
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) This section shall become operative only upon the receipt by
the Secretary of State of the notice specified in subdivision
(f) of Section 23152, as added by Section 25 of Chapter 1114 of
the Statutes of 1989.
23153. (a) It is unlawful for any person, while under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to drive
a vehicle and concurrently do any act forbidden by law, or
neglect any duty imposed by law in driving the vehicle, which
act or neglect proximately causes bodily injury to any person
other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or
more, by weight, of alcohol in his or her blood to drive a
vehicle and concurrently do any act forbidden by law, or neglect
any duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to any person other
than the driver.
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 driving.
(c) In proving the person neglected any duty imposed by law in
driving the vehicle, it is not necessary to prove that any
specific section of this code was violated.
(d) It is unlawful for any person, while having 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, and
concurrently to do any act forbidden by law or neglect any duty
imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to any person other than the
driver.
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 performance of a
chemical test within three hours after 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 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.
23153. (a) It is unlawful for any person, while under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to drive
a vehicle and concurrently do any act forbidden by law or
neglect any duty imposed by law in driving the vehicle, which
act or neglect proximately causes bodily injury to any person
other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or
more, by weight, of alcohol in his or her blood to drive a
vehicle and concurrently do any act forbidden by law or neglect
any duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to any person other
than the driver.
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 driving.
(c) In proving the person neglected any duty imposed by law in
driving the vehicle, it is not necessary to prove that any
specific section of this code was violated.
(d) This section shall become operative only upon the receipt by
the Secretary of State of the notice specified in subdivision
(f) of Section 23153, as added by Section 30 of Chapter 1114 of
the Statutes of 1989.
23158. (a) Only a licensed physician and surgeon,
registered nurse, licensed vocational nurse, duly licensed
clinical laboratory technologist or clinical laboratory
bioanalyst, unlicensed laboratory personnel regulated pursuant
to Sections 1242, 1242.5, and 1246 of the Business and
Professions Code, or certified paramedic acting at the request
of a peace officer may withdraw blood for the purpose of
determining the alcoholic content therein. This limitation does
not apply to the taking of breath specimens. An emergency call
for paramedic services takes precedence over a peace officer's
request for a paramedic to withdraw blood for determining its
alcoholic content. A certified paramedic shall not withdraw
blood for this purpose unless authorized by his or her employer
to do so.
(b) The person tested may, at his own expense, have a licensed
physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory technologist or
clinical laboratory bioanalyst, unlicensed laboratory personnel
regulated pursuant to Sections 1242, 1242.5, and 1246 of the
Business and Professions Code, or any other person of his or her
own choosing administer a test in addition to any test
administered at the direction of a peace officer for the purpose
of determining the amount of alcohol in the person's blood at
the time alleged as shown by chemical analysis of his or her
blood, breath, or urine. The failure or inability to obtain an
additional test by a person does not preclude the admissibility
in evidence of the test taken at the direction of a peace
officer.
(c) Upon the request of the person tested, full information
concerning the test taken at the direction of the peace officer
shall be made available to the person or the person's attorney.
(d) Notwithstanding any other provision of law, no licensed
physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory technologist or
clinical laboratory bioanalyst, unlicensed laboratory personnel
regulated pursuant to Sections 1242, 1242.5, and 1246 of the
Business and Professions Code, or certified paramedic, or
hospital, laboratory, or clinic employing or utilizing the
services of the licensed physician and surgeon, registered
nurse, licensed vocational nurse, duly licensed laboratory
technologist or clinical laboratory bioanalyst, unlicensed
laboratory personnel regulated pursuant to Sections 1242,
1242.5, and 1246 of the Business and Professions Code, or
certified paramedic, owning or leasing the premises on which
tests are performed, shall incur any civil or criminal liability
as a result of the administering of a blood test in a reasonable
manner in a hospital, medical laboratory, or medical clinic
environment, according to accepted medical practices, without
violence by the person administering the test, and when
requested in writing by a peace officer to administer the test.
(e) If the test given under Section 23612 is a chemical test of
urine, the person tested shall be given such privacy in the
taking of the urine specimen as will ensure the accuracy of the
specimen and, at the same time, maintain the dignity of the
individual involved.
(f) The department, in cooperation with the State Department of
Health Services or any other appropriate agency, shall adopt
uniform standards for the withdrawal, handling, and preservation
of blood samples prior to analysis.
(g) As used in this section, "certified paramedic" does not
include any employee of a fire department.
(h) Consent, waiver of liability, or the offering to, acceptance
by, or refusal of consent or waiver of liability by the person
on whom a test is administered, is not an issue or relevant to
the immunity from liability for medical personnel or the medical
facility under subdivision (d).
23213. No patient or other person residing in a social
rehabilitation facility licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code for the rehabilitation of persons who have abused
alcohol or drugs, shall have a motor vehicle registered in the
name of that patient or person on or near the premises of that
facility unless the patient or person has an operator's license
issued pursuant to this code which is not suspended or revoked.
23215. The department may, but shall not be required to,
provide patrol or enforce the provisions of Section 23152 for
offenses which occur other than upon a highway.
23216. (a) The provisions of Sections 2, 6, 7, and 10
expressly apply to the provisions of this article, and, further,
for any recidivist or enhancement purpose, reference to an
offense by section number is a reference to the provisions
contained in that section, insofar as they were renumbered by
Chapter 940 of the Statutes of 1981 without substantive change,
and those provisions shall be construed as restatements and
continuations thereof and not as new enactments.
(b) Any reference in the provisions of this code to a separate
violation of Section 23152 shall include a separate offense
under Section 23102 or 23105, as those sections read prior to
January 1, 1982.
(c) Any reference in the provisions of the Vehicle Code to a
separate violation of Section 23153 shall include a separate
offense under Section 23101 or 23106 as those sections read
prior to January 1, 1982.
(d) The provisions of this section are to be given retroactive
effect.
23217. The Legislature finds and declares that some
repeat offenders of the prohibition against driving under the
influence of alcohol or drugs, when they are addicted or when
they have too much alcohol in their systems, may be escaping the
intent of the Legislature to punish the offender with
progressively greater severity if the offense is repeated one or
more times within a seven-year period. This situation may occur
when a conviction for a subsequent offense occurs before a
conviction is obtained on an earlier offense.
The Legislature further finds and declares that the timing of
court proceedings should not permit a person to avoid aggravated
mandatory minimum penalties for multiple separate offenses
occurring within a seven-year period. It is the intent of the
Legislature to provide that a person be subject to enhanced
mandatory minimum penalties for multiple offenses within a
period of seven years, regardless of whether the convictions are
obtained in the same sequence as the offenses had been
committed.
Nothing in this section requires consideration of judgment of
conviction in a separate proceeding which is entered after the
judgment in the present proceeding, except as it relates to
violation of probation.
Nothing in this section or the amendments to Section 23540,
23546, 23550, 23560, 23566, 23622, or 23640 made by Chapter 1205
of the Statutes of 1984 affects the penalty for a violation of
Section 23152 or 23153 occurring prior to January 1, 1985.
23220. (a) No person shall drink any alcoholic beverage
while driving a motor vehicle upon any highway or on any lands
described in subdivision (b).
(b) As used in subdivision (a), "lands" means those lands to
which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971
(Division 16.5 (commencing with Section 38000)) applies as to
off-highway motor vehicles, as described in Section 38001.
23221. (a) No driver shall drink any alcoholic beverage
while in a motor vehicle upon a highway.
(b) No passenger shall drink any alcoholic beverage while in a
motor vehicle upon a highway.
23222. (a) No person shall have in his or her possession
on his or her person, while driving a motor vehicle upon a
highway or on lands, as described in subdivision (b) of Section
23220, any bottle, can, or other receptacle, containing any
alcoholic beverage which has been opened, or a seal broken, or
the contents of which have been partially removed.
(b) Except as authorized by law, every person who possesses,
while driving a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis
as defined by Section 11006.5 of the Health and Safety Code, is
guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding any other
provision of law, if the person has been previously convicted
three or more times of an offense described in this subdivision
during the two-year period immediately preceding the date of
commission of the violation to be charged, the previous
convictions shall also be charged in the accusatory pleading
and, if found to be true by the jury upon a jury trial or by the
court upon a court trial or if admitted by the person, Sections
1000.1 and 1000.2 of the Penal Code are applicable to the
person, and the court shall divert and refer the person for
education, treatment, or rehabilitation, without a court hearing
or determination or the concurrence of the district attorney, to
an appropriate community program which will accept the person.
If the person is so diverted and referred, the person is not
subject to the fine specified in this subdivision. In any case
in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate,
the person shall be released by the arresting officer upon
presentation of satisfactory evidence of identity and giving his
or her written promise to appear in court, as provided in
Section 40500, and shall not be subjected to booking.
23223. (a) No driver shall have in his or her possession,
while in a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, any bottle, can,
or other receptacle, containing any alcoholic beverage that has
been opened, or a seal broken, or the contents of which have
been partially removed.
(b) No passenger shall have in his or her possession, while in a
motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, any bottle, can, or other
receptacle containing any alcoholic beverage that has been
opened or a seal broken, or the contents of which have been
partially removed.
23224. (a) No person under the age of 21 years shall
knowingly drive any motor vehicle carrying any alcoholic
beverage, unless the person is accompanied by a parent,
responsible adult relative, any other adult designated by the
parent, or legal guardian for the purpose of transportation of
an alcoholic beverage, or is employed by a licensee under the
Alcoholic Beverage Control Act (Division 9 (commencing with
Section 23000) of the Business and Professions Code), and is
driving the motor vehicle during regular hours and in the course
of the person's employment. If the driver was unaccompanied, he
or she shall have a complete defense if he or she was following,
in a timely manner, the reasonable instructions of his or her
parent, legal guardian, responsible adult relative, or adult
designee relating to disposition of the alcoholic beverage.
(b) No passenger in any motor vehicle who is under the age of 21
years shall knowingly possess or have under that person's
control any alcoholic beverage, unless the passenger is
accompanied by a parent, legal guardian, responsible adult
relative, any other adult designated by the parent, or legal
guardian for the purpose of transportation of an alcoholic
beverage, or is employed by a licensee under the Alcoholic
Beverage Control Act (Division 9 (commencing
with Section 23000) of the Business and Professions Code), and
possession or control is during regular hours and in the course
of the passenger's employment. If the passenger was
unaccompanied, he or she shall have a complete defense if he or
she was following, in a timely manner, the reasonable
instructions of his or her parent, legal guardian, responsible
adult relative or adult designee relating to disposition of the
alcoholic beverage.
(c) If the vehicle used in any violation of subdivision (a) or
(b) is registered to an offender who is under the age of 21
years, the vehicle may be impounded at the owner's expense for
not less than one day nor more than 30 days for each violation.
(d) Any person under 21 years of age convicted of a violation of
this section is subject to Section 13202.5.
(e) Any person convicted for a violation of subdivision (a) or
(b) is guilty of a misdemeanor and shall be punished upon
conviction by a fine of not more than one thousand dollars
($1,000) or by imprisonment in the county jail for not more than
six months, or by both that fine and imprisonment.
23225. (a) (1) It is unlawful for the registered owner of
any motor vehicle to keep in a motor vehicle, when the vehicle
is upon any highway or on lands, as described in subdivision (b)
of Section 23220, any bottle, can, or other receptacle
containing any alcoholic beverage that has been opened, or a
seal broken, or the contents of which have been partially
removed, unless the container is kept in the trunk of the
vehicle.
(2) If the vehicle is not equipped with a trunk and is not an
off-highway motor vehicle subject to identification, as defined
in Section 38012, the bottle, can, or other receptacle described
in paragraph (1) shall be kept in some other area of the vehicle
that is not normally occupied by the driver or passengers. For
the purposes of this paragraph, a utility compartment or glove
compartment shall be deemed to be within the area occupied by
the driver and passengers.
(3) If the vehicle is not equipped with a trunk and is an
off-highway motor vehicle subject to identification, as defined
in subdivision (a) of Section 38012, the bottle, can, or other
receptacle described in paragraph (1) shall be kept in a locked
container. As used in this paragraph, "locked container" means a
secure container that is fully enclosed and locked by a padlock,
key lock, combination lock, or similar locking device.
(b) Subdivision (a) is also applicable to a driver of a motor
vehicle if the registered owner is not present in the vehicle.
(c) This section shall not apply to the living quarters of a
housecar or camper.
23226. (a) It is unlawful for any driver to keep in the
passenger compartment of a motor vehicle, when the vehicle is
upon any highway or on lands, as described in subdivision (b) of
Section 23220, any bottle, can, or other receptacle containing
any alcoholic beverage that has been opened, or a seal broken,
or the contents of which have been partially removed.
(b) It is unlawful for any passenger to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any
highway or on lands, as described in subdivision (b) of Section
23220, any bottle, can, or other receptacle containing any
alcoholic beverage that has been opened or a seal broken, or the
contents of which have been partially removed.
(c) This section shall not apply to the living quarters of a
housecar or camper.
23229. (a) Except as provided in Section 23229.1,
Sections 23221 and 23223 do not apply to passengers in any bus,
taxicab, or limousine for hire licensed to transport passengers
pursuant to the Public Utilities Code or proper local authority,
or the living quarters of a housecar or camper.
(b) Except as provided in Section 23229.1, Section 23225 does
not apply to the driver or owner of a bus, taxicab, or limousine
for hire licensed to transport passengers pursuant to the Public
Utilities Code or proper local authority.
(c) This section shall become operative on July 1, 1989.
23229.1. (a) Subject to subdivision (b), Sections 23223
and 23225 do apply to any charter-party carrier of passengers,
as defined in Section 5360 of the Public Utilities Code,
operating a limousine for hire when the driver of the vehicle
transports any passenger under the age of 21.
(b) For purposes of subdivision (a), it is not a violation of
Section 23225 for any charter-party carrier of passengers
operating a limousine for hire which is licensed pursuant to the
Public Utilities Code to keep any bottle, can, or other
receptacle containing any alcoholic beverage in a locked utility
compartment within the area occupied by the driver and
passengers.
(c) In addition to the requirements of Section 1803, every clerk
of a court, or judge if there is no clerk, in which any driver
in subdivision (a) was convicted of a violation of Section 23225
shall prepare within 10 days after conviction, and immediately
forward to the Public Utilities Commission at its office in San
Francisco, an abstract of the record of the court covering the
case in which the person was convicted. If sentencing is not
pronounced in conjunction with the conviction, the abstract
shall be forwarded to the commission within 10 days after
sentencing, and the abstract shall be certified, by the person
required to prepare it, to be true and correct.
For the purposes of this subdivision, a forfeiture of bail is
equivalent to a conviction.
(d) This section shall become operative on July 1, 1989.
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