Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Vehicle Code 23152
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- Among criminal defense laws, DUI law has extreme complexities. The fact is that, there are several laws “on the books” and more than 10,000 appellate rulings that are possibly related to your situation. 
The basic code section of the Vehicle Code that rules your situation is 23152. This section has got several sub-sections which are:
- (a) If a person is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, then It is illegal for that person to drive a vehicle.
- (b) If there is a presence of 0.08 percent or more, by weight, alcohol in a person’s blood then it is illegal for that person to drive a vehicle.Here in this section of article the 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 held under this subdivision, the results of a chemical test performed within three hours after the driving, can be presented as evidence against the suspect that the person had 0.08 percent or more, by weight, of alcohol in his or her blood while he was driving the vehicle.
- (c) A person who is addicted to the use of any drug, it is illegal for that person to drive a vehicle. According to article 3 (beginning with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code this subdivision shall not apply to a person who is taking part in a narcotic treatment program.
- (d) As defined in Section 15210. It is illegal to drive a commercial motor vehicle for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood.
In any prosecution held under this subdivision, the cops that arrested you can present the results of a chemical test performed within three hours after the driving as evidence, showing that the person had 0.04 percent or more, by weight, of alcohol in his or her blood while he was driving the vehicle. - (e) This section shall have an effect from January 1, 1992, and shall continue to remain operative until the director decide that federal regulations that were adopted according 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 restrict the state to prohibit the drivers to operate a commercial vehicles when the operator has a concentration of 0.04 percent or more, by weight, of alcohol in his or her blood.
- (f) The director shall submit a notice of his decision under subdivision (e) to the Secretary of State, and this section shall be made ineffective upon the receipt of that notice by the Secretary of State.
And this is just one of the sections of DUI law!
Despite of the fact that DUI law is complex it can also be used by your lawyer to defend yourself, so don’t ever think that once you have caught in DUI case there are no chances to prove yourself innocent. You should retain a DUI only Lawyer who has much experience of DUI cases and is able to fight your case effectively.
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One commentto “Vehicle Code 23152”
Even If you’ve ever been pulled over for DUI in the last 10 years, you know no one gets off with a warning anymore, .08 can be as little as two drinks, and after spending the night in the drunk tank you’d be released on your own recognizance with a citation to appear. Well, not anymore – at least as far as the old “night in the drunk-tank” goes. As bad as the DUI arrest experience has already become, here in San Diego it just got worse.