If you’re on probation for a DUI in California, you’re subject to stricter rules when it comes to drinking and driving. As experienced Los Angeles DUI defense lawyers, we at Simmrin Law Group often encounter clients who are unsure about these regulations.
California Vehicle Code Section 23154 covers driving while on DUI probation. If you are caught drinking and driving while you’re on DUI probation, you will face harsh penalties even if you are below the legal limit.
Here’s what you need to know about this law and how Simmrin Law Group can help you. Our firm is ready to handle any case in any court in California or at the federal level.
Understanding California Vehicle Code 23154
This law sets a much lower threshold for blood alcohol concentration (BAC) for drivers on DUI probation. It’s illegal to drive with a BAC of 0.01% or greater if you’re on probation for a DUI. This is far lower than the usual 0.08% limit for normal drivers and even under the 0.04% limit for commercial drivers.
DUI probation lets the State of California see whether or not you can follow the driving rules after you’ve been convicted of a DUI. As long as your BAC stays below the limit and you don’t violate any other driving laws, you’ll be free of extra restrictions once your probation is done.
However, if you’re caught driving with a BAC of 0.01% or greater while on DUI probation, the court will likely order you to go to jail and pay larger fines. Therefore, it is crucial for your freedom to stay below the limit while on DUI probation.
For a free legal consultation with a driving while on dui probation lawyer serving California, call (310) 896-2723
How Much Alcohol Is 0.01%?
This law essentially puts a zero-tolerance policy on drivers convicted of DUI while they’re on probation. Even a small amount of alcohol can put you over the 0.01% limit. The state wants you to completely separate the act of drinking from the act of driving.
The limit is so low that there are certain medications you should avoid if you need to drive. Some cold medications, like NyQuil, contain alcohol. The law has no exceptions for DUIs and prescription medications or over-the-counter medications.
Even mouthwashes, which often contain alcohol, may get you arrested if you’re on DUI probation. It’s not swallowed, but the amount left over in your mouth after using it can be enough to make you fail a breath test.
California Driving While on DUI Probation Lawyer Near Me (310) 896-2723
How Violations Are Determined
You can be found in violation of this law if:
- You were driving while on probation for a DUI
- The trier of fact (judge or jury) finds that you consumed alcohol
- Your BAC was 0.01% or greater when driving
Can I Refuse Testing?
Drivers not under probation are permitted to refuse breath and blood tests, though they may face consequences for doing so. Drivers who are on DUI probation are assumed to have given consent by law, so you cannot refuse. Refusal to comply with testing may be seen as an admission you were drinking.
If you are on DUI probation and you need legal advice about California Vehicle Code Section 23154 after you’ve been pulled over, contact Simmrin Law Group immediately for a free consultation.
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Consequences of Violating California Vehicle Code Section 23154
If you’re found in violation of this law, you may face:
- A probation violation, which could result in jail time
- Fines and court fees
- Extension of your probation
- Mandatory installation of an ignition interlock device
- License suspension or revocation for 1 to 3 years
Refusing to submit to or complete a requested BAC test while on DUI probation may cause automatic suspension or revocation of your driver’s license for 1 to 3 years.
You need legal representation if you are accused of violating this law and ordered to appear before the court to explain yourself. There are several ways a DUI defense lawyer could argue that you didn’t violate the law or that you deserve a lesser punishment.
Without legal defense, it’s just your word against the word of the officer and any witnesses. Since you are already on DUI probation, persuading the court of any alibi you have may be impossible. So don’t face the court alone. Simmrin Law Group can help.
What Defenses Could My Attorney Use?
If you’re accused of violating Vehicle Code 23154, some possible defenses your attorney might use include:
- Challenging the legality of the stop: The detention must be lawful.
- Questioning test accuracy: Breathalyzers and other tests can sometimes give false readings.
- Contesting probation status: If you were no longer on probation at the time of the incident, then penalties related to probation violations would not apply to you.
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What to Do if Stopped While on DUI Probation
If you’re pulled over while on DUI probation, here’s what you need to do:
- Remain calm and cooperate with the officer’s lawful orders, including submitting to breath and blood tests. Remember, you cannot refuse if you’re on DUI probation.
- Don’t lie to the officer, but don’t volunteer information. Remember, you have the right to remain silent and to request to speak with an attorney.
- Contact your attorney as soon as possible.
How Simmrin Law Firm Can Help You Against Drunk Driving While on DUI Probation Charges
At Simmrin Law Firm, we understand the complexities of DUI laws and the challenges faced by those on DUI probation. If you’ve been accused of violating Vehicle Code 23154 or any other DUI-related offense, we’re here to help. Our experienced DUI attorneys can:
- Analyze the specifics of your case
- Explain your rights and potential defenses
- Challenge the evidence against you
- Negotiate with prosecutors to potentially reduce charges or penalties
- Represent you in court and at DMV hearings
Don’t let a violation of your DUI probation jeopardize your future. Contact Simmrin Law Firm today for a consultation. Let us help you get the best possible outcome for your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form