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BLOOD ALCOHOL CONTENT
§ 23610. Amount of Alcohol in Blood; Presumptions.
(a) At trial for any criminal action where blood alcohol content is an issue, how much alcohol that was in your blood at the time of the test is determined by chemical analysis of blood, breath, or urine. The following presumptions are made:
(1) If there was less than .05 percent blood alcohol content the presumption is you were not under the influence of an alcoholic beverage at the time of the offense.
(2) If there was between .05 and .08 percent blood alcohol content there is no presumption that you were or were not under the influence of an alcoholic beverage; however, that fact, along with additional evidence, can determine whether or not you were under the influence of an alcoholic beverage at the time of the offense.
(3) If there was greater than .08 percent blood alcohol content there is a presumption that you were under the influence of an alcoholic beverage at the time of the offense.
(b) Percent, by weight, of alcohol in your blood is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.
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