Wednesday, December 5, 2007

New Drunk Driving violation is for .01 California probationers

California DUI attorney news - new drunk driving legislation for lawyers in California

New 0.01 violation in California Vehicle Code section 23154, effective January 1, 2009.


SEC. 5. Section 23154 is added to the Vehicle Code, to read:
23154. (a) 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.
(b) 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 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.


California DUI attorneys have several comments regarding this legislation.

What is the effect on a California DUI probationer?

It is already a mandatory condition of probation that a California DUI probationer not drive with a measurable amount of alcohol in his or her system, CVC 23600(b)(2), and driving with a .04 or higher BAC is supposed to be a mandatory probation revocation if it gets reported. CVC 23600(d).

Under this new law, California DUI probationers will be subject to a zero-tolerance law coming into effect 1/1/09 that can trigger an California DMV APS suspension and a possible probation violation.

The new law will not retroactively change the probation conditions. The new law will simply expose California DUI probationers to enhanced penalties if they commit a new offense.

The new law will compel California DUI probationers to submit to hand-held PAS gadget test if there is probable ause to believe they have been driving in violation of the zero-tolerance law applicable to California DUI probationers.

California DUI defense attorneys already forward information to California DUI probationers to not drive with any alcohol in their system.