Driving Under the Influence while on Probation

DUI Laws in California change every year. Penalties increase and procedures change. Proffessional DUI Lawyers focus exclusively on this offense and dedicate their practice to this complicated area of law.

As of January 01 2009, it will be a new criminal offense for a person to drive a vehicle with a blood alcohol concentration of of 0.01% or higher while on probation for a DUI. This can be measured by a preliminary alcohol screening device or any other chemical test. (Vehicle Code Section 23154).

Previously, it was a probation violation to drive with a measurable amount of alcohol in your system, but not a completely new and seperate charge.

A person who is on probation for a DUI is deemed to give consent to a PAS test or chemical test if lawfully stopped. A refusal to submit to a test will result in a mandatory one to three year license suspension.

If you are on probation for a DUI in California you are presumed to be aware of this change in the law and you are liable to be charged with this new offense if you drive with any alcohol in your system while still on probation. Probation violation proceedings may also be filed in the original probationary court.

If you have any questions about this or any other changes in the law, please contact Gold & Witham at (800) 716-6791 for a free consultation.


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