Section 23152. Driving under influence; blood alcohol
(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.