The California Vehicle Code provides for certain presumptions regarding blood alcohol content and intoxication during a DUI case. These presumptions determine who carries the burden of proof in determining whether someone is under the influence or has driven with a 0.08% BAC at the time of driving.
The Vehicle Code section 23610(a) states, “…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 that 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.”
In simplified terms, this means that if a person’s BAC was 0.05, it is presumed that the person was not under the influence. If a person’s BAC was between 0.05 and 0.08, there is no presumption. If a person’s BAC was 0.08 or higher, it is presumed that the person was under the influence.
While the aforementioned presumptions affect the prosecution of Vehicle Code section 23152(a), whether someone is “under the influence,” the Vehicle Code also provides a presumption that affects the prosecution of Vehicle Code section 23152(b): whether someone was driving with a 0.08 at the time of driving.
“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.”
In other words, if a chemical test shows that a person has a 0.08% BAC within three hours of driving, it is presumed that the person had a 0.08% BAC at the time of driving.
The post Presumptions of Intoxication appeared first on Law Offices of Taylor and Taylor - DUI Central.