California Vehicle Code Section 23154
makes it a crime, albeit an infraction, for a person who is on DUI
probation to drive with any alcohol in their system. In order to be found
guilty of this offense, the DA must prove: 1) you were driving while on
probation for a DUI; 2) you had consumed an alcoholic beverage; and 3) you had
a blood-alcohol concentration of 0.01 percent or greater at the time of
driving. However, section 13389
of the vehicle code requires that the driver be “lawfully detained” in order
for the officer to have authority to require a test. If the initial detention
was not legal, then your DUI
attorney in Orange County can bring
a suppression motion to have the charge thrown out.
If a driver on DUI probation tests positive for alcohol,
Vehicle Code Section 13389 directs the police officer to seize the driver’s
California driver’s license and issue the driver a temporary license—which also
operates as a notice of license
suspension. If the driver doesn’t request a DMV hearing within 10 days, then the
suspension will be imposed starting 30 days after the traffic stop.
If the driver, or the driver’s Orange
County DUI Attorney does request a hearing, then the DMV hearing will be
held at the DMV Driver Safety office in Orange, California. The issues at the
hearing are found in California
Vehicle Code Section 13353.2 as follows:
1) The driver was driving the
vehicle;
2) The driver was lawfully
detained;
3) The driver was on probation
for a prior DUI;
4) The driver had consumed an
alcoholic beverage; and
5) The driver had a blood-alcohol
content of at least a 0.01 percent as measured by a breath
test or a blood
test at the time of driving.
A review of these issues is required under Vehicle Code
Section 13557. If you or your DUI Attorney lose the hearing,
then the suspension will be imposed. If the driver has no prior refusals, then
the suspension is a one-year suspension with an opportunity for a restricted
license after 90 days. If the driver does have a prior refusal,
then the suspension is at least one year long with no possibility of a
restricted license.
Of course, driving with alcohol in your system is also a
violation of your DUI probation and subsequent court
proceedings may result in you serving time in the Orange
County jail. Therefore, it may be important for you to get the help
of a DUI Lawyer.
If you have been arrested for violation your DUI probation,
for a DUI, or for a drug
DUI call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation. We have offices at 1901 Newport Blvd., Suite 350,
Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675. Or visit our website at www.EJEsquire.com.
No comments:
Post a Comment