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I Got a DUI While on DUI Probation

Were you recently convicted of driving under the influence (DUI) under Section 23152 of the California Vehicle Code? Or, are you facing DUI charges under Sec. 23152? Either way, if you are convicted of DUI, you’ll most likely receive DUI probation among other penalties.

If you receive court-ordered probation for DUI and you are re-arrested for DUI while on probation, you’re going to want to know, “What’s going to happen to me now?” If you are arrested for DUI while on probation for a previous DUI offense, the arresting officer will service you what’s called an “Immediate Order of Suspension.”

While on DUI probation, you cannot drive with any measurable amount of alcohol in your body. So, you can be slapped with a DUI charge, even if your blood alcohol concentration (BAC) registers at a mere 0.01% by means of a preliminary alcohol screening device (PAS test), a blood or breathalyzer test (taken down at the station). This is referred to as an Administrative Per Se (APS) action.


When someone is arrested for DUI while on probation for a previous DUI, their driver license can be suspended or revoked from one to three years depending on the facts of the case. Here’s what you need to know:

  • If you willingly submitted to a PAS or other chemical test and your BAC was 0.01% or more, your license will be suspended for one year.
  • If you refused or failed to take a PAS or other chemical test, your driver license will be suspended for two years.
  • If you refused or failed to take a PAS test or other chemical test and you have two or more previous convictions for DUI on your record, your driver license will be revoked for three years.

If you were arrested for DUI while on DUI probation, there’s still hope. Contact our Orange County DUI defense firm for help setting up a DMV hearing. However, you only have 10 days from the day you received the suspension to act, so don’t delay!