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California Drunk Driving Laws

California Vehicle Code Section 23152

The California Vehicle Code is clear when it comes to driving under the influence of alcohol.  According to CVC 23152 (a) it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.  This subsection allows for prosecutors to bring charges against someone who they believe is driving alcohol-impaired but is not over the legal limit of 0.08 percent.  A prosecutor will usually have a toxicologist testify that impairment for most people occurs at 0.05 percent blood alcohol concentration.

CVC 23152 (b) states that “it is unlawful for a person who has 0.08 percent or more, by weight, of alcohol is his or her blood to drive a vehicle.  This means that if a chemical breath or blood test indicates that you were operating a motor vehicle with a blood alcohol concentration of 0.08 or higher then you can be charged under California Vehicle Code Section 23152 (a) and (b).

The Vehicle Code was subsequently amended to include separate subsections for driving under the influence of a drug, driving under the combined influence of drugs and alcohol and driving while addicted to the use of any drug.

The increased use of rideshare and “passenger for hire” vehicles led to the creation of CVC 23152 (e) which states that “it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense.  This followed the same requirements as commercial vehicle drivers.