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

Subject/Index Terms

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