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California Motor Vehicle Code 23152

Driving Under the Influence

Vehicle Code 23152 warns that no person under the influence of any alcoholic beverage or drug, or combination of substances, is permitted to operate a vehicle.

The blood alcohol content limit is set at .08 percent, and any driver at or over this limit will be considered intoxicated. The .08 percent limit is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. If a driver's BAC is tested in due time after the event but not on the scene, and the BAC is found to be .08 or higher, it is presumed that the driver's BAC was at or above .08 at the time of driving.

For commercial motor vehicles, the BAC limit is set at a more stringent .04 percent. This is because a commercial vehicle, as defined in Section 15210, is often much heavier, is used to transport a large number of passengers, is used to transport hazardous materials, and is often associated with a person's job.Alcohol should not be consumed on the job, and especially not not under any of the circumstances previously stated.

This law extends the prohibition of driving to any one who is under the influence of or addicted to any drug. Though drug levels cannot be calculated the way BAC levels are with alcohol, the use of all illegal drugs is punishable, and the use of drugs while driving is dangerous.

Drivers under the influence of prescription medication must be careful to not drive if the effect of the medication impairs the driver's ability to operate a vehicle. Police officers may observe a driver under the influence of a legal, prescription medication to be a hazard.

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