Monday, April 23, 2012

Blowing .01% or higher while on California DUI Probation triggers a 1 year suspension, San Diego DUI lawyers warn

Blowing .01% or higher while on California DUI Probation triggers a 1 year suspension. San Diego DUI Attorneys understand how important it is to avoid this. Contact a lawyer who handles DUI & DMV matters in San Diego within 10 days of allegedly violating probation.

This new DMV manual discusses these issues:

It is unlawful pursuant to §23154 VC for any driver, regardless of age, who is on probation for a violation of §23152 or §23153 VC to operate a motor vehicle at anytime with a BAC of 0.01 % or greater as measured by a PAS test or other chemical test. The law enforcement officer will detain the driver and request that the driver take a PAS test to determine the presence of alcohol. A peace officer can request a driver, detained under §23154 VC, to submit to a chemical test of blood or breath when a PAS test is not immediately available.

The law enforcement officer should clearly indicate in the probable cause section of the OS 367, how it was determined, the driver was on DUI probation. If the enforcement officer failed to indicate how it was determined, the missing information may be found on the arrest or supplemental report. If the box is checked to indicate 0.01% or more BAC (DUI Probation) or PAS or Other Chemical Test Refusal - (DUI Probation) and there is no statement from the law enforcement officer regarding DUI Probation, subpoena the officer to provide the information during the hearing.

If DMV does not timely subpoena and no good cause exists, the suspension action should be set aside, San Diego California DUI Lawyers are told.