Bay Area DUI Lawyer Drunk Driving Attorney DMV Hearing and License Suspension

Bay Area DUI Attorney
Bay Area DUI Lawyer Alameda DUI Attorney Contra Costa DUI Attorney Marin DUI Attorney Napa DUI Attorney San Francisco DUI Attorney San Mateo DUI Attorney Santa Clara DUI Attorney Sonoma DUI Attorney
Bay Area DUI Attorney Divider Bay Area DUI Divider DMV Hearing Divider DUI Investigation Divider Bay Area DUI Law Firm Divider Bay Area DUI Lawyer
Navigation Shadow Navigation Shadow

California Vehicle Code Section 23153 - Driving Under Influence of Alcohol or Drugs Causing Injury

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 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.

Repealed and Added Ch. 1114, Stats. 1989. Operative January 1, 1992.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

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.

Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.

<< Return to California Vehicle Codes

Home > DMV Hearing > California Vehicle Code > VC Section 23153 - Driving Under Influence of Alcohol or Drugs Causing Injury

Note: This website is intended for use by those seeking information relating to California driving under the influence (DUI), or driving while intoxicated (DWI) matters. Additionally, laws and legal procedures such as those presented in "BayAreaDUIDefense.com" are constantly changing. Consequently, any statute, law, or procedure may have changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified lawyer. Accordingly, the reader is strongly advised to consult with a qualified attorney and anyone with a legal problem should immediately obtain legal representation and advice from a California DUI defense attorney or criminal defense lawyer with extensive experience handling California DUI Defense cases who is aware of the facts specific to a particular DUI case.

The Law Office of Robert Tayac assumes no liability whatsoever for any use of "BayAreaDUIDefense.com" as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website is intended to be a starting point for further, subsequent discussions between a reader having a specific legal problem and a qualified California DUI attorney. All readers are informed that no lawyer-client relationship is intended nor formed by any use of this website and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Robert Tayac is to sign a legal services agreement, abide by its terms and receive a legal services agreement signed by an designated representative of the firm.

Home | Bay Area DUI | DMV Hearing | DUI Investigation | About Our Firm | Contact Us
Alameda
(510) 352-9500
Contra Costa
(925) 288-9800
Marin
(415) 552-6000
Napa
(707) 576-9900
San Francisco
(415) 552-6000
San Mateo
(650) 570-3000
Santa Clara
(408) 985-8700
Sonoma
(707) 576-9900