DUI Causing Injury
California Vehicle Code Section 23153
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 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 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.
Office Location and Areas We Serve
The Law Office of Robert Tayac is located in San Francisco at 505 Montgomery Street, 11th Floor San Francisco, California 94111. Satellite offices are maintained in Napa, Redwood City, San Rafael, and Walnut Creek.
For more information on driving under the influence matters in neighboring cities and counties, feel free to review the county specific information on the resource pages listed below:
- San Francisco
- Marin County
- San Mateo County
- Oakland
- Walnut Creek
- San Rafael
- Alameda County
- Contra Costa County
- Napa
- Palo Alto
Contact The Office
Robert Tayac and the DUI investigators and experts working with him have been helping people who have been arrested for driving under the influence in San Francisco and the surrounding counties for more than twenty years. If you hire the Law Office of Robert Tayac to handle your DUI case, you will know that you have retained the services of the most knowledgeable, experienced, and trustworthy San Francisco DUI defense team.
Contact the Law Office of Robert Tayac for your free case evaluation!