DRIVING WITH 0.10% BLOOD ALCOHOL: CAN THE STATE PROVE IT?
This comment proposes that the California Vehicle Code should be amended to penalize driving after consuming enough alcohol to have 0.10% or more at the time of a test rather than penalize driving while having 0.10% or more BAC, because proof of the BAC while driving is unfeasible. The reasons for the passage of Assembly Bill 7 are first reviewed. A discussion follows concerning alcohol absorption and elimination rates which challenge the accuracy of estimating the BAC at the time of driving by using the BAC at the time of a later test. Alternative interpretations of Assembly Bill 7 and the prosecutor's burden of proof are then provided. Lastly, other methods to decrease drunk driving are proposed.
-
Corporate Authors:
San Francisco University, California
School of Law, Kendrick Hall, 2130 Fulton Street
San Francisco, CA United States 94117 - Publication Date: 1982
Media Info
- Features: Appendices; Figures;
- Pagination: p. 817-839
-
Serial:
- San Francisco University Law Review
- Volume: 16
- Publisher: San Francisco University, California
Subject/Index Terms
- TRT Terms: Blood alcohol levels; Drunk drivers; Drunk driving; Laws; Penalties
- Subject Areas: Highways; Law; Safety and Human Factors; I83: Accidents and the Human Factor;
Filing Info
- Accession Number: 00386818
- Record Type: Publication
- Source Agency: National Highway Traffic Safety Administration
- Report/Paper Numbers: HS-036 260
- Files: HSL, TRIS, USDOT
- Created Date: Jul 30 1984 12:00AM