DUI Presumptions and Burdens of Proof
California Vehicle Code Section 23610
23610. (a) Upon the trial of any criminal action, or preliminary proceeding
in a criminal action, arising out of acts alleged to have been committed
by any person while driving a vehicle while under the influence of an
alcoholic beverage in violation of subdivision (a) of
Section 23152 or subdivision (a) of
Section 23153, the amount of alcohol in the person's blood at the time of the test as
shown by chemical analysis of that person's blood, breath, or urine shall
give rise to the following presumptions affecting the burden of proof:
(1) If there was at that time less than 0.05 percent, by weight, of alcohol
in the person's blood, it shall be presumed that the person was not under
the influence of an alcoholic beverage at the time of the alleged offense.
(2) If there was at that time 0.05 percent or more but less than 0.08 percent,
by weight, of alcohol in the person's blood, that fact shall not give
rise to any presumption that the person was or was not under the influence
of an alcoholic beverage, but the fact may be considered with other competent
evidence in determining whether the person was under the influence of
an alcoholic beverage at the time of the alleged offense.
(3) If there was at that time 0.08 percent or more, by weight, of alcohol
in the person's blood, it shall be presumed that the person was under
the influence of an alcoholic beverage at the time of the alleged offense.
(b) Percent, by weight, of alcohol in the person's blood shall be based
upon grams of alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(c) This section shall not be construed as limiting the introduction of
any other competent evidence bearing upon the question of whether the
person ingested any alcoholic beverage or was under the influence of an
alcoholic beverage at the time of the alleged offense.
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!