Tuesday, June 8, 2010

23154, a DMV penalizing statute does not apply to wet reckless or reckless driving alcohol related, only California DUI probation cases

California Vehicle Code Section 23154, a DMV penalizing statute resulting in loss of driving privileges for up to a year, does not apply to wet reckless or reckless driving alcohol related, only California (DUI) probation cases.

Basically if you are on probation in California for a DUI and have .01% or more (e.g. a half a beer or glass of wine), get trapped in a California drunk driving checkpoint, you can lose your license without any possibility of a restriction!

California DUI attorneys are quick to point out the zero tolerance does not apply to California folks unless put on probation for a California DUI conviction:

(a) It is unlawful for a person who is on probation for a violation of Section 23152 (DUI) 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 (DUI) 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 (DUI) 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.