Alcohol and Drug Offenses

The use of alcohol and drugs may adhere to a particular vehicle accident. The standard measure used is section 23152. Here, a person may not drive a vehicle if their blood alcohol level exceeds 0.08 percent. Additionally, an individual that is addicted to drugs or experimentally uses drugs may not operate a motor vehicle. In addition, there are more stringent requirements for the drivers of commercial vehicles. Commercial drivers may not exceed 0.04 percent blood alcohol level.

Section 23158 is utilized in determining the levels of alcohol and drugs of a driver. Only a licensed physician, nurse, or paramedic is authorized to draw blood from the driver. The blood test is not required but may be ordered to clear a possible defective Breathalyzer. Results from the blood test are to be given to the police officer and made available to both parties.

A driver is further prevented from carrying alcohol in their vehicle. (Veh.C 23221). A person may not possess any bottle or container of alcohol while driving. Furthermore, a passenger is also prevented from drinking while in a motor vehicle. If the minor is not accompanied by an adult when transporting alcohol, they are punishable for fines, and jail. Finally, there are no defenses available for driving under the influence of any drug or alcoholic beverage. [Veh.C.2360]

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