CAL vehicle code 23152 


UNDER THE INFLUENCE

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.


.08% OR MORE

​(b) It is unlawful for a 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.


ADDICTED TO DRUGS

​(c) It is unlawful for 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.


COMMERCIAL VEHICLE 

(d) It is unlawful for 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 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.


UNDER THE INFLUENCE OF DRUGS

(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.


COMBINED INFLUENCE OF ALCOHOL AND DRUGS

(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

(g) This section shall become operative on January 1, 2014.


​By Peter Kuykendall




DUI


If you have been charged with driving under the influence then you should consult with an experienced DUI lawyer. Contact experienced DUI criminal defense attorney Peter Kuykendall to set up an initial free consultation.

Please read the following to find out more information regarding driving under the influence prohibitions and consequences. 

Peter Kuykendall has forced dismissals of DUI charges at the start of trial and has successfully won California Department of Motor Vehicle set-asides at the DMV administrative hearings. He is proficient in DUI law and consults with the best California expert's in the field. 

Serving Sonoma, Marin, Mendocino, Lake, and Napa Counties


Copyright 2013. Santa Rosa Criminal Defense Lawyer - Peter Kuykendall. All rights reserved.

 

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© Peter Kuykendall

SONOMA COUNTY DUI TRIAL ATTORNEY

Serving Sonoma, Marin, and Napa Counties


Santa Rosa Trial and Criminal Defense Law Firm - Serving the San Francisco Bay Area

EXPERIENCED DUI JURY TRIAL ATTORNEY

Peter Kuykendall has taken numerous DUI cases to trial. Trial attorney Peter Kuykendall has experience litigating every aspect of a DUI including jury trial. Santa Rosa criminal defense attorney Peter kuykendall has won an acquittal in a jury trial on both the A and B counts under California's drinking and driving laws. An acquittal is a unanimous vote by all 12 jurors of not guilty. Trial attorney Peter Kuykendall also has experience litigating driving under the influence of drugs. Sonoma criminal defense attorney Peter Kuykendall has taken combination driving under the influence of marijuana and alcohol to jury trial and achieved a dismissal at the start of trial. It is important to understand that every case is unique. Please call Kuykendall Law to find out how DUI trial attorney Peter Kuykendall can help you with your DUI arrest. 

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Santa Rosa, CA 95401

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