Lewis

We are asked to consider the constitutionality of Vehicle Code section 23152, subdivision (b), driving with a blood alcohol level of .10 percent or more. This appeal is on certification from the Appellate Department of the Superior Court of Orange County, which affirmed Lewis’ municipal court conviction of that offense.

I

When Lewis was arrested, section 23152, subdivision (b) provided, “It is unlawful for any person who has 0.10 percent or more, by weight, of alcohol in his or her blood to drive a vehicle upon a highway or upon other than a highway in areas which are open to the general public. [^] For purposes of this subdivision, percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.” Lewis was convicted under this section on evidence of blood alcohol breath tests of .13 and .14; the jury was unable to agree on the companion charge of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)).

We have concluded that while many of the arguments of the detractors of the “(b) section,” as it is popularly known, have some legal glitter, they are not quite gold. We examine them in turn.

II

Is the (b) section void…