California, United States of America
The following excerpt is from People v. Lewis, 148 Cal.App.3d 614, 196 Cal.Rptr. 161 (Cal. App. 1983):
The burden the (b) section places on the drinking motorist is new in this state in the sense that it uses precise numbers to define a long recognized social evil. However, in light of the now virtually unanimous scientific opinion that all persons are under the influence at .10 for purposes of the traditional offense of driving under the influence described by the (a) section (People v. Lachman (1972) 23 Cal.App.3d 1094, 100 Cal.Rptr. 710), the new law does not seem to us to create the dramatic hardship its detractors proclaim. If a person is under the influence, he or she should not drive at any blood alcohol level (Veh.Code, 23152, subd. (a)). A person who is not under the influence does not have a blood alcohol level at .10 or [148 Cal.App.3d 618] above, according to the experts. The (b) section is thus grounded on the same well established premise as the (a) section, which simply assumes the imbiber knows when he or she is under the influence (a premise the defense briefs do not dispute).
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