Caution: Don't Even Think About Driving with Alcohol!

DUI charges can happen to anyone and if you were previously convicted of a DUI, you know all too well the problems that arise. But if you think your DUI case is over, think again.

You may not know that when a defendant is sentenced to probation, there are terms and conditions the judge imposes that must be accepted.  One condition is the requirement that the defendant submit to a chemical test to determine the BAC if requested by a peace officer.  These tests may include a preliminary alcohol screening (PAS) test, or any other blood, breath, or urine test.

Any driver who is on probation for a prior DUI offense is found driving with a BAC of .01% or more as measured by an alcohol screening test, or who refuses or fails to complete the test will have a one year suspension.

This action is carried out concurrently with any .08% APS action imposed for the same offense. Upon arrest, citation (as may be applicable in a probation violation), or detention (as applicable in the .01% APS law), the driver’s license is immediately confiscated and an order of suspension or revocation served.

If you are on DUI probation, it is important to not drink and drive.  If you have one drink, do not get behind the wheel because it can cost you.

If you are charged with being over a .01% while on probation, contact my office immediately. We will request a DMV hearing and fight for you in court.  Because there are a number of ways you can be criminally charged, it is best to discuss your case with an experienced lawyer as soon as possible in order to have a game plan in place.

Posted on
May 18, 2015
in
Fresno Traffic Law Posts
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