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