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
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.