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Drunk Driving While on DUI Probation

In California, when people are convicted of driving under the influence (DUI), they will typically be placed on probation, also known as “DUI probation.” During this time, the individual may obtain a restricted license so they can drive to and from work. Once their license suspension is over for the DUI, they are able to reinstate their driver’s license, but the DUI probation can continue for years after the license suspension is lifted.

While on DUI probation, the defendant cannot drink and drive, period. Even if the DUI defendant was not ordered to install an Ignition Interlock Device (IID), he or she still cannot consume any amount of alcohol and drive. Under Section 23154(a) of the California Vehicle Code it says, “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.”

No Drinking & Driving on DUI Probation

In California, it’s illegal for drivers age 21 and over to drive under the influence of alcohol with .08 percent blood alcohol concentration (BAC). For commercial drivers, that number is just .04 percent. For drivers under the age of 21 and for drivers on DUI probation, the threshold is set at just .01 percent. Meaning, they can get in trouble for driving after having just one alcoholic drink.

Under Section 23154(3) of the Vehicle Code, if a driver is on DUI probation and a law enforcement officer asks him or her to submit to a chemical test to determine if they are driving under the influence and the person fails to submit to such a test as requested, their driver’s license will be suspended or revoked for one to three years pursuant to Section 133353.1. In other words, if someone is on DUI probation and they do not submit to a blood or breath test when asked to, their license will be automatically suspended or revoked, even if the individual had no alcohol!

To fight your DUI charges, contact the Law Offices of Virginia L. Landry, Inc. today!