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.
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