23152(a) V.C. 23152(b) V.C. Sections 23152(a)and(b) are the basic code sections that define Driving Under the Influence in the State of California. Sections 23152(a) and (b) define a related code section for causing bodily injury while driving under the influence. The definition of "Under the Influence" is the same for both 23152 and 23153. However, 23153 has additional proof required regarding injuries.
23152(a) V.C. reads as follows:
"It is unlawful for any person who is under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug, to drive a vehicle."
The most important words of this section are "Under theInfluence" and “Drive".
Basically, "Under the Influence" means effected or “impaired” by the alcohol. It is not necessary that a person be "stumbling drunk" in order to be convicted under this section. It is possible to be convictedunder this section when your blood alcohol reading is below .08. The issue is impairmentnot blood level or breath reading. To “drive” means to be in control of a vehicle while in operation. A person can be driving if the vehicle engine is running or if the vehicle is moving without the engine running. It does not matter how far you drive or if you are on public or private property.
23152(b) V.C. reads as follows:
"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."
The important words in this section are "0.08percent" and "Drive".
Under this section, impairment is not required. The only factor to be considered is blood level. There is a legal presumption that if breath tested within three (3) hours of driving, an 0.08 breath test means that the blood will register 0.08 as well. Effectively, this means that the prosecution only needs to show what the machine reads, and not how much alcohol was in the blood. Although this presumption is rebuttable, this provision greatly affects the ability of defense attorneys in fighting these cases.