San Diego DUI Probation Violation
You need a San Diego DUI lawyer if you’re on DUI Probation and you get charged with another DUI and/or you tested at .01% or more triggering a possible 1 Year License Suspension by California DMV.
You usually were given a pink DMV Order of Suspension but sometimes the San Diego cop does not make sure you get it at the time of detention or arrest.
If you were issued the pink DMV Order, look to see which boxes are checked at the top of the paper. This will enable your lawyer to advise you as to your best San Diego DMV / DUI approach. Sometimes, depending on your Motor Vehicle Report driving record codes or the absence of certain checked boxes, your San Diego DUI attorney may recommend NOT to contact California DMV within 10 days of the police contact.
Either way, immediately contact a San Diego DUI attorney within 10 days to protect your driving privilege.
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle if you are on San Diego County DUI probation for Vehicle Code Section 23152 or 23153, and you blew .01% or more as measured by a preliminary alcohol screening test or other breath or blood chemical test.
In San Diego County, one is normally on probation for DUI or Driving with .08% [California Vehicle Code 23152(a) and 23152(b)] for five years. San Diego Superior court probation orders typically order you not to drive with a measurable amount (.01% or more) of alcohol in your system during the entire period of probation. If you are caught doing so by San Diego police, you could also be in violation of probation so contact your attorney for help with your DMV representation and DUI court case(s).
Here’s the statute relied on by San Diego DUI lawyers:
Driving Under the Influence of Alcohol While on Probation for Prior DUI
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.
(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).
(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Your attorney’s goal should be try to avoid the otherwise mandatory one year license suspension and/or not suffer additional DUI Probation penalties in San Diego Superior Court.
San Diego DUI lawyer Rick Mueller is available for help at 1 800 THE-LAW-DUI or (858) 812-3126. Start here by clicking on this free attorney online DUI / DMV consultation.