Bill Text: CA AB1664 | 2011-2012 | Regular Session | Introduced

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Bill Title: Vehicles: driving under the influence.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-15 - From printer. May be heard in committee March 16. [AB1664 Detail]

Download: California-2011-AB1664-Introduced.html

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BILL NUMBER: AB 1664	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 14, 2012

   An act to amend Section 23152 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1664, as introduced, Buchanan. Vehicles: driving under the
influence.
   Existing law prohibits any person who is under the influence of
any alcoholic beverage or drug, or under the combined influence of
any alcoholic beverage and drug, from driving a vehicle or for any
person who has 0.08% or more, by weight, of alcohol in his or her
blood from driving a vehicle.
   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 1.  Section 23152 of the Vehicle Code, as amended by
Section 31 of Chapter 455 of the Statutes of 1995, is amended to
read:
   23152.  (a) It is unlawful for  any   a 
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   a  person
who has 0.08 percent or more, by weight, of alcohol in his or her
blood to drive a vehicle. 
    For 
    (1)     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 
    (2)     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   a  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)  (1)    It is unlawful for  any
  a  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 
    (2)     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.
  SEC. 2.  Section 23152 of the Vehicle Code, as amended by Section
32 of Chapter 455 of the Statutes of 1995, is amended to read:
   23152.  (a) It is unlawful for  any   a 
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   a  person
who has 0.08 percent or more, by weight, of alcohol in his or her
blood to drive a vehicle. 
    For 
    (1)     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 
    (2)     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   a  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.