Today's Law As Amended


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AB-2500 Vehicles: driving under the influence: drugs.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 23152 of the Vehicle Code is amended to read:

23152.
 (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(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.
(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) 11876)  of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(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.
(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 a 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) Commencing July 1, 2018, it shall be  It is  unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood  is under the influence of any drug  to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a 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. vehicle. 
(f) It is unlawful for a person to drive a vehicle if his or her blood contains any of the following:
(1) Amphetamine in the amount of 100 nanograms, or more, per milliliter of whole blood.
(2) Cocaine in the amount of 50 nanograms, or more, per milliliter of whole blood.
(3) Cocaine metabolite in the amount of 50 nanograms, or more, per milliliter of whole blood.
(4) Delta-9-tetrahydrocannabinol of marijuana in the amount of 2 nanograms, or more, per milliliter of whole blood.
(5) Heroin in the amount of 50 nanograms, or more, per milliliter of whole blood.
(6) Heroin metabolite 6-monoacetylmorphine in the amount of 10 nanograms, or more, per milliliter of whole blood.
(7) Methamphetamine in the amount of 100 nanograms, or more, per milliliter of whole blood.
(f) (8)  It is unlawful for a person who is under the influence of any drug to drive a vehicle. Morphine in the amount of 50 nanograms, or more, per milliliter of whole blood. 
(9) Phencyclidine in the amount of 10 nanograms, or more, per milliliter of whole blood.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

SEC. 2.

 Section 23153 of the Vehicle Code is amended to read:

23153.
 (a) It is unlawful for a person, while under the influence of any alcoholic beverage, beverage  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 a 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 a 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 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 a 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. 
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) Commencing July 1, 2018, it shall be  It is  unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood  under the influence of any drug,  to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to  vehicle and concurrently  do any act forbidden by law 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. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a 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. 
(f) It is unlawful for a person, while under the influence of any drug,  person  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. if his or her blood contains any of the following: 
(1) Amphetamine in the amount of 100 nanograms, or more, per milliliter of whole blood.
(2) Cocaine in the amount of 50 nanograms, or more, per milliliter of whole blood.
(3) Cocaine metabolite in the amount of 50 nanograms, or more, per milliliter of whole blood.
(4) Delta-9-tetrahydrocannabinol of marijuana in the amount of 2 nanograms, or more, per milliliter of whole blood.
(5) Heroin in the amount of 50 nanograms, or more, per milliliter of whole blood.
(6) Heroin metabolite 6-monoacetylmorphine in the amount of 10 nanograms, or more, per milliliter of whole blood.
(7) Methamphetamine in the amount of 100 nanograms, or more, per milliliter of whole blood.
(8) Morphine in the amount of 50 nanograms, or more, per milliliter of whole blood.
(9) Phencyclidine in the amount of 10 nanograms, or more, per milliliter of whole blood.
(g) It is unlawful for a person, while 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.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.