What is the effect of section 23152 of the California Highway Code of Civil Procedure on a driver who is found guilty of driving under the influence of a controlled substance?
California, United States of America
The following excerpt is from People v. Davalos, 192 Cal.App.3d Supp. 10, 238 Cal.Rptr. 50 (Cal. Super. 1987):
Finally, an examination of the purposes for the enactment of section 11550 and section 23152 shows that the goals of each differ, and that punishment for only one offense may not satisfy those goals. The object of section 11550, which prohibits using or being under the influence of a controlled substance, is to protect the individual by proscribing the use which may be an activating part of the process of drug abuse or addiction. (Bosco v. Justice Court (1978) 77 Cal.App.3d 179, 186-187, 143 Cal.Rptr. 468.) The object of section 23152 is to protect members of the public who use the highways from those who have impaired their ability to drive as the
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