2009 California Vehicle Code - Section 23152-23229.1 :: Article 2. Offenses Involving Alcohol And Drugs

VEHICLE CODE
SECTION 23152-23229.1

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.

23154.  (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
   (b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
   (c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
   (2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
   (3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.

23158.  (a) Notwithstanding any other provision of law, only a
licensed physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory scientist or clinical
laboratory bioanalyst, a person who has been issued a "certified
phlebotomy technician" certificate pursuant to Section 1246 of the
Business and Professions Code, 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 or her own expense, have a
licensed physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory scientist or clinical
laboratory bioanalyst, person who has been issued a "certified
phlebotomy technician" certificate pursuant to Section 1246 of the
Business and Professions Code, 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 scientist or clinical laboratory
bioanalyst, person who has been issued a "certified phlebotomy
technician" certificate pursuant to Section 1246 of the Business and
Professions Code, 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
clinical laboratory scientist or clinical laboratory bioanalyst,
person who has been issued a "certified phlebotomy technician"
certificate pursuant to Section 1246 of the Business and Professions
Code, 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, clinical laboratory, medical clinic environment, jail,
or law enforcement facility, according to accepted venipuncture
practices, without violence by the person administering the test, and
when requested in writing by a peace officer to administer the test.
   (e) Notwithstanding any other provision of law, a person who has
been issued a "certified phlebotomy technician" certificate pursuant
to Section 1246 of the Business and Professions Code and who is
authorized by this section to draw blood at the request and in the
presence of a peace officer for purposes of determining its alcoholic
content, may do so in a jail, law enforcement facility, or medical
facility, with general supervision. The "certified phlebotomy
technician" shall draw blood following the policies and procedures
approved by a physician and surgeon licensed under Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code, appropriate to the location where the blood is
being drawn and in accordance with state regulations.
   (f) The Certified Phlebotomy Technician I or II shall carry a
current, valid identification card issued by the State Department of
Health Services, attesting to the technician's name, certificate
type, and effective dates of certification, when performing blood
withdrawals.
   (g) As used in this section, "general supervision" means that the
supervisor of the technician is licensed under the Business and
Professions Code as a physician and surgeon, physician assistant,
clinical laboratory bioanalyst, registered nurse, or clinical
laboratory scientist, and reviews the competency of the technician
before the technician may perform blood withdrawals without direct
supervision, and on an annual basis thereafter. The supervisor is
also required to review the work of the technician at least once a
month to ensure compliance with venipuncture policies, procedures,
and regulations. The supervisor, or another person licensed as a
physician and surgeon, physician assistant, clinical laboratory
bioanalyst, registered nurse, or clinical laboratory scientist, shall
be accessible to the location where the technician is working to
provide onsite, telephone, or electronic consultation, within 30
minutes when needed.
   (h) Nothing in this section shall be construed as requiring the
certified phlebotomy technician who is authorized to withdraw blood
by this section at the request and in the presence of a peace officer
for purposes of determining alcoholic content to be associated with
a clinical laboratory or to be directly supervised after competency
has been established.
   (i) 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.
   (j) 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.
   (k) As used in this section, "certified paramedic" does not
include any employee of a fire department.
   (l) 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 or law enforcement personnel or
other facilities designated 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
10-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 10-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 10 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 that 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
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 that 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 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.


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