California, United States of America
The following excerpt is from People v. Ireland, 33 Cal.App.4th 680, 39 Cal.Rptr.2d 870 (Cal. App. 1995):
In Burg v. Municipal Court, supra, 35 Cal.3d at page 265, 198 Cal.Rptr. 145, 673 P.2d 732, the court held that section 23152, subdivision (b), established a new and separate offense. More significantly, the court held that under the subdivision (b) scheme, it was no longer necessary to prove that the defendant was in fact under the influence; it was enough to prove that the defendant's blood-alcohol level was 0.10 percent or more.
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