We are in the midst of summer it is a good time to discuss a very common situation in San Diego. It is important to know how to manuever your case when you have been arrested for a San DIego DUI and are on probation.
Most San Diego DUI convictions come with five 5 years probation. A five year probation term is longer in duration than most in all criminal law cases. Most other charges come with three years probation. This means you cannot get in trouble within those five years. Many people who pick up a subsequent DUI find themselves still on probation. This increases the potential consequences.
Most DUI sentences claim that you cannot drive with ANY measurable amount of alcohol. If you do get in trouble, than the Prosecutor and Judge can “revoke” your probation and sentence you to custody time. This is another peril with having a prior DUI.
An example of why you need DUI representation
Driver has a DUI from four years ago. They have done everything they were required to do. However, they pick up a new DUI charge. When they come into court, the prosecutor will have not only the new file but also your old DUI prior. They still are on probation. The prosecutor will want to “revoke” probation. This may change your strategy in the current DUI case. Why? Because your recent DUI defense may be a “Rising Blood alcohol” defense. However, under your probation case you cannot drive with ANY alcohol. Taking the stand and claiming you were under .07% but drinking and driving may be a basis for a have your probation revoked.
It is not only a DUI specialist that is needed. You need someone who can navigate through probation violations as well as succeeding in your current case. This is why the Law Office of Mark Deniz opened its doors. Call now at 858-751-4384.
A violation of your probation due to a DUI can affect whether you can get off probation early and eventually obtain an expungement. There is a variety of ways to violate probation. A common probation violation is driving with a measureable amount of alcohol. It is a very low bar and it is a situation to avoid.
If you blow a 0.01% or higher, the Officer will 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.
Vehicle Code Section 23154(a), Driving Under the Influence of Alcohol While on Probation for Prior DUI
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.
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 23153 and 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.
In the old days, if you were being investigated for a DUI and an officer had you submit to a preliminary alcohol screening (PAS) test and your results were minimal, 0.01% to 0.03%, most likely the Officer would let you go. Remember, as a condition of your probation, which usually lasts five years, you are not allowed to drive with a measurable amount of alcohol in your system. So while technically, the Officer could arrest you for violating your probation, practically the Officer would let you go.
If you blow a 0.01% or higher, the Officer will 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 San Diego DUI for violation of probation.
Remember in this case the State does NOT have to prove that you were under the influence of alcohol. The State must simple prove there was 0.01% or more of alcohol in your system at the time of driving. They key is to avoid a probation DUI in the first place. If you are on probation the next goal is to avoid violating any terms of probation. A probation violation can affect whether you can get off probation early and eventually obtain an expungement.