DUI Probation: One-Year Mandatory Suspension For Driving With A 0.01%.

If you are
convicted of a DUI in California, the law requires that as a term of your DUI
probation you not drive with any alcohol in your system. Any DUI defense lawyer in Orange County worth their salt will tell you that
it doesn’t matter if it is a first-offense DUI or if you have one or more prior
DUI convictions within ten years. Your DUI probation MUST contain the condition that you not
drive with any alcohol in your system. Of course, the length of your DUI
probation does depend on whether it is a first-offense DUI or whether you have
prior DUI convictions.





The length
of a first-offense DUI probation period is typically three years. This minimum
length of DUI probation is required by law. For a second-offense or more within
ten years this minimum length of DUI probation increases to five years.
Moreover, Orange County DUI
attorneys know
that if you are on DUI probation you are required to submit to a breath test if
a police officer requests it.



If you are
on DUI probation and you are stopped by a police officer, you are required to
disclose that you are on DUI probation. Moreover, the fact that you are on DUI probation
is available to the police officer through his mobile computer unit. So what
happens if you violate your DUI probation by having some alcohol in your system
while driving? Well, Orange County DUI defense
attorneys will
tell you that first of all you can be arrested. By the very nature of DUI probation
you will have some jail time hanging over your head. And if you are found by
the court to be in violation of DUI probation, the judge can order you to serve
some or all of the jail time remaining.





Also, this
violation is reported to the DMV by the officer by a form called a DS 367,
which the officer fills out and sends to the DMV. The Officer will also seize
your license and give you a pink piece of paper to act as a temporary. Unless
you or your Orange County DUI defense
lawyer calls the
DMV within ten days to request a hearing, your driving privileges will be
suspended for one year. The suspension will begin 30 days after the date of
arrest. If you or your DUI Lawyer do set a  DMV hearing, then a hearing will be set and the DMV must find
evidence to prove the following three issues:

1)      That the police officer had
reasonable cause to believe that you were driving a motor vehicle in violation
of Vehicle Code Section 23152 (DUI), 23153 (DUI
with injury) or
23154 (DUI probation);

2)      That you were placed under lawful
arrest; and

3)      That you were driving a motor vehicle
when you had a 0.01% or more by weight of alcohol in your blood while on DUI
probation.

The
suspension issued for violating DUI probation by having 0.01% or more of
alcohol in your blood is a one year suspension with NO POSSIBILITY of a
restricted license during this period. That’s right! No restricted license for
the entire one-year period.



If you face charges
for a DUI, DUI with injury, or violation of DUI probation, you need to talk to
an experienced Orange County DUI Attorney. Call The Law Offices of EJ Stopyro
at (949) 559-5500 for a free and confidential telephonic consultation. You can
also visit us at www.ejesquire.com. We
have offices at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.