Driving under the influence: alcohol and marijuana.

Existing law makes it a crime for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle. Existing law establishes a rebuttable presumption that the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within 3 hours after the driving. This bill, until January 1, 2021, would make it a crime for a person who has between 0.04% and 0.07%, by weight, of alcohol in his or her blood and whose blood contains any controlled substance or 5 ng/ml or more of delta-9-tetrahydrocannabinol to drive a vehicle. The bill would require a person to fail field sobriety tests to establish probable cause for a chemical test to test the person's blood. The bill would make a first violation punishable as an infraction and would make subsequent violations punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.