Are You on Probation for a DUI?
If so, please keep reading because recent changes in California Law make having your California driver’s license suspended much easier.
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Beginning January 1, 2009 California Vehicle Code section 23154 will impose a zero tolerance policy on people on probation for DUI’s. In other words, if the cops stop you and you have any alcohol in your system, you’re going to see your license suspended for a period of one year.
If you’re on probation for DUI and you’re stopped by a police officer you cannot refuse to blow into the Preliminary Alcohol Screening (PAS) device during a DUI investigation on the side of the road. Keep in mind that this new rule applies only to those who are on probation for DUI. If you are not on probation for DUI, you are not obligated to blow into the PAS device during a field sobriety examination.
However, if you are on probation, your failure to blow into the PAS device or other California chemical test will result in the revocation of your license for a period of one to three years according to California Vehicle Code Section 23154(c)(3).
Want the proof? Read the law:
VC 23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical test.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
In other words, if you’re on probation you can’t have any alcohol in your system while you drive.
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VC 23154(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
In English, this means that you can’t refuse to blow into the PAS device if you’re on probation for a DUI.
DUI laws in California are very complicated. If you’re charged with driving under the influence, your best bet is to hire a Los Angeles drunk driving defense attorney that can guide you through the process. There are deadlines that you must meet in order to preserve your privilege to drive in California. Don’t make a mistake and figure it out yourself. You may learn a difficult lesson the hard way.