DUI Probation: No Driving With ANY Alcohol In Your System

DUI Lawyer in Orange County

DUI Probation: No Driving With ANY Alcohol In Your System

If you have been convicted of a DUI in Orange County or anywhere else in California, then you will most likely be on DUI probation for a period of three to five years following that DUI conviction. By law, one of the many terms of that DUI probation must be that you not drive with any measurable amount of alcohol in your system. DUI Attorneys in Orange County know that this provision, once largely ignored by law enforcement, is becoming a favorite of the police. California Vehicle Code section 23154 not only makes it a crime for anyone on DUI probation to consume an alcoholic beverage and drive a vehicle with a blood-alcohol level of 0.01% or greater, as measured by the Preliminary Alcohol Screening test (breath test) or any other test.

If law enforcement detains a driver and discovers that the driver is on DUI probation, the officer can require the driver to submit to a test. Of course, the initial detention by the officer must be legal. An officer can’t pull someone over just for being on probation. The officer must first observe a law violation (reasonable suspicion). If the detention is later challenged by the driver’s Orange County DUI Lawyer and found to be illegal, then all evidence must be thrown out (suppressed) and the case is almost always dismissed.

The driver on DUI probation does not have the right to consult with their Orange County DUI attorney before taking the test. If the driver on DUI probation refuses to take a breath test, the driver will be in violation of probation. This means that whatever jail time is hanging over the driver’s head from the underlying DUI case can be imposed by the judge. Furthermore, refusal to take the breath test by a driver on DUI probation will result, in accordance with California Vehicle Code section 13353.1, in license suspension for one to three years. (One year if the driver has never refused before). If the driver does take the breath test, as the driver SHOULD, then if the test shows that the driver has alcohol in their system, they now faces time in the  Orange County jail for the probation violation but no automatic license suspension of one to three years.

If you are facing charge for a DUI, DUI with injury, or any other crime relating to driving under the influence of drugs or alcohol, call the experienced Orange County DUI Attorneys at The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com.