A DUI question

**hughb** · 08-03-07, 03:43 PM

Here's a cut n paste from the California DMV on DUI.

23152. (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.

What's up with part (c)? How is that enforced? How do you know if someone is addicted to a drug? And isn't nicotine a drug?

**chris2001** · 08-03-07, 05:50 PM

Originally Posted by hughb

Here's a cut n paste from the California DMV on DUI.

23152. (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.

What's up with part (c)? How is that enforced? How do you know if someone is addicted to a drug? And isn't nicotine a drug?

You know they are addicted by A) they have told you such. B) You have had dealing with the person many times and they have narcotics on them. C) They have been convicted of said violations before.

Yes nicotine is a drug, however they are referring to the illegal kind and or pain killers.

**countybear** · 08-03-07, 05:55 PM

**pc830cop** · 08-03-07, 11:01 PM

hughb... where do you live? I'll stop by with my pretty patrol car and I'll introduce you to the cage...

**TXCharlie** · 08-04-07, 12:54 AM

Sounds like some good incentive to enter a treatment program.

**hughb** · 08-04-07, 01:37 AM

Originally Posted by pc830cop

hughb... where do you live? I'll stop by with my pretty patrol car and I'll introduce you to the cage...

I'm in So Cal like you, San Diego to be exact. I've already been introduced to the cage before, in a paddy wagon to be exact. I'm addicted to caffeine, I have a cup of coffee a day.

**hughb** · 08-04-07, 01:40 AM

Originally Posted by chris2001

You know they are addicted by A) they have told you such. B) You have had dealing with the person many times and they have narcotics on them. C) They have been convicted of said violations before.

Yes nicotine is a drug, however they are referring to the illegal kind and or pain killers.

Thanks for the response. I guess I posted this in a knee jerk reaction when I read the wording of the vehicle code, your answer is obvious common sense. The exact wording of the vehicle code looks a little too open ended.

**hughb** · 08-04-07, 01:45 AM

Another serious question -

I see the banner at the top of the page says "for cops, by cops" and I'm wondering if civilians are welcome here? A couple of my posts have been taken the wrong way and drawn a little hostility. When I was first looking at cop web sites with forums I found this one and another one that had sections called "ask a cop" and I assumed that it was welcoming civilians to post and ask questions. Was I mistaken?

**TXCharlie** · 08-04-07, 02:41 AM

Originally Posted by hughb

Another serious question -

I see the banner at the top of the page says "for cops, by cops" and I'm wondering if civilians are welcome here?

I can vouch that civilians are VERY welcome here... They're just a little intolerant of stupid statements & questions sometimes. But I've asked a few of those myself, haven't I guys?

**jmur5074** · 08-04-07, 02:34 PM

Originally Posted by TXCharlie

I can vouch that civilians are VERY welcome here... They're just a little intolerant of stupid statements & questions sometimes. But I've asked a few of those myself, haven't I guys?

A few too many....

HAAHAHAHAHAHAHHA!!!

But so have I.