San Diego DUI County DUIs have longer probation than most other counties. Most neighboring counties (Orange County, Riverside County, San Bernardino County, Imperial County, etc) all have three years probation. San Diego comes with five years of probation. Five years is a long time. The reality is that most first time DUI folks complete what they have to do in the first year. After a few years, they simply forget they are on probation. This is when the trouble can happen. Someone can find themselves violating their probation. I was a prosecutor for almost 10 years, and DUI probation violators find themselves in jail more than most did facing their original San Diego DUI charges. This is why I tell all my clients to come see me in three years to get off probation. If you have gotten in trouble and are still on probation, call the Law Office of Mark Deniz, APLC at (858) 751-4384.
Most DUI sentences claim that you cannot drive with ANY measurable amount of alcohol. If you do get in trouble, then 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
A driver has a San Diego 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 San Diego DUI prior. They still are on probation. The prosecutor will want to “revoke” probation. This may change your strategy in the current San Diego DUI case. Why? Because your recent San Diego 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 measurable 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 another 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 another 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 simply 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.
Call 858-751-4384 now for a free consultation to learn more about how we can begin defending your rights in a DUI probation violation.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected]