2009 DUI Probation Law
The California Legislature never seems to tire of making new laws that affect people charged with or convicted of a DUI.Another law that went into effect on January 1, 2009, (Vehicle Code Section 23154(a)), Driving Under the Influence of Alcohol While on Probation for Prior DUI.
This law affects someone who is stopped by a police officer while still in a probationary period for a DUI conviction. Prior to this law, an officer had some discretion. If you were stopped by an officer during your probation, and your blood alcohol was under 0.03 the officer could (and often would) let you go. Not anymore.
When the 2009 legislation too effect, this could no longer happen. Now, if a person’s BAC is 0.01 percent or higher while on probation for a DUI, the Officer must arrest you for violation of Vehicle Code Section 23154. Not only will you be facing a new misdemeanor charge, you will also have to go back to Court on your original DUI for violation of probation.
Here is what the 2009 law states:
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 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 to three years as proved in Section 13353.1.
Do you see why you need an experienced lawyer? Now you don’t even need to be “Under the Influence” to get yourself into hot water. If you have been convicted of a DUI and are still in your probationary period be careful about driving after you have had a drink or two. If you get arrested by an officer for blowing over 0.01 while on probation, then call Coffey and Coffey. The breath test is not always reliable and it can be challenged. Give us a call at (800) 706-7888