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No person shall operate a motor vehicle under the influence of drugs or alcohol.

(a) It is unlawful for a person with 0.04 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Any person who is in violation of California state law by having 0.08 percent or more, by weight, of alcohol in his or her blood while driving a vehicle may be guilty of a separate offense under California law.

(b) For purposes of this section, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this provision, it is acceptable to use readings of portable breath alcohol measuring devices to prove a violation of this section.

(c) For purposes of this chapter, “under the influence” means that the driver’s ability to operate a vehicle in the manner of an ordinarily prudent and cautious person, using reasonable care, with full possession of faculties, and under similar circumstances, is appreciably impaired.

(d) Any person who violates this section is guilty of an infraction punishable by a fine. [Ord. 30 § 3203, adopted, 10/12/2012.]