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Drunk Driving While on DUI Probation

In Orange County, California, most people who are convicted of driving under the influence (DUI) are placed on probation; they receive probation in place of having to go to jail, assuming the DUI defendant agrees to and abides by all of their conditions of probation.

While the probation conditions may vary from person-to-person slightly, in general, probation conditions require that the offender: 1) pay a fine, 2) is subject to a driver’s license suspension (which may be converted to a restricted license where they can drive to and from work and school), 3) DUI school (alcohol education classes), and 4) possibly jail time.

In addition to the above, additional conditions of probation typically include:

  • The defendant does not drive while under the influence with any measurable amount of alcohol in their system,
  • The defendant not get arrested for another criminal offense while on probation,
  • If the defendant is suspected of drunk driving, the defendant agrees to submit to a preliminary alcohol screening test (PAS) or another chemical test.

Drinking and Driving While on DUI Probation

In California, drinking and driving while on DUI probation is highly frowned upon. Under Section 23154(a), it’s unlawful for someone who is on DUI probation to drive under the influence with a BAC of .01% or more as measured by a preliminary alcohol screening test (PAS), or by another chemical test.

If the suspected drunk driver refuses to take a PAS test or a chemical test and they are currently on DUI probation for a previous DUI conviction, their license will be revoked for two years. During this period, they are not eligible for a restricted license.

On the other hand, if you’re suspected of drunk driving and you take the PAS test or another chemical test and your BAC measures .01% or greater, then your license will be suspended for one year. Please note that if you are subject to a license suspension, you have only 10 days of the arrest to request a DMV hearing.

If you were recently caught driving under the influence while on DUI probation, we urge you to contact the Law Offices of Virginia L. Landry, Inc. for help. Call now for a free consultation!