Under a new law scheduled to take effect on January 1, 2009, if you are detained by a peace officer on suspicion that you have been drinking and driving, you would be required to submit to breath testing if requested by the officer, and, if your blood alcohol level is a 0.01 percent or greater, your license will be subject to suspension by the DMV. Additionally, you can be charged with an infraction, as well as with violating your probation.

Finally, the new law gives the officer authority to tow and impound your vehicle at your expense if you are on probation for a DUI and you are caught driving with a blood alcohol concentration of 0.

01 percent or higher. Additionally, if you refuse to take the breath test, your license will be subject to suspension by DMV and you will also be subjected to a potential charge of violating your probation.