Is driving under the influence "upon any highway" illegal?

The predecessor of section 23152, section 23102, made driving under the influence "upon any highway" illegal. When section 23102 was amended in 1972, the "upon any highway" language was continued in subdivision (a) while subdivision (b) prohibited driving while intoxicated "upon other than a highway." The People contend that this amendment redressed the problem presented by Weber v. Orr (1969) 274 Cal.App.2d 288, 79 Cal.Rptr. 297, cited by appellant, which held that compliance with the implied consent law was not necessary absent a showing that the driver had operated a vehicle on a public highway. In 1981, when section 23152 replaced section 23102 and was then amended, subdivision (a) prohibited any person from driving a vehicle while [11 Cal.App.4th Supp. 13] under the influence of alcohol and/or any drug. Subdivision (b) of section 23152 prohibited any person with .10 percent or more of alcohol in his or her blood from driving a vehicle "upon a highway or upon other than a highway in areas which are open to the general public." In 1982, section 23152 was amended to delete the language in subdivision (b) referring to the location of the offense which left the pertinent portions of subdivisions (a) and (b) as "to drive a vehicle." Thus, the statute that prohibits driving while under the influence of alcohol and/or any drug has emerged unencumbered with any language restricting its reach.