What If I Am on Probation for a DUI and Was Caught with a Measurable Amount of Alcohol in My System?

What If I Am on Probation for a DUI and Was Caught with a Measurable Amount of Alcohol in My System?

Generally, most states treat DUIs as a serious offense, but California can be particularly strict when it comes to alcohol consumption and DUI offenders who are on probation. In these cases, California has what is known as a “Zero Tolerance” policy, which states that any measurable amount of alcohol in the blood is enough to result in a DUI conviction. This policy also applies to underage drivers who choose to drink while behind the wheel.

The Zero Tolerance policy is unlike most DUI law, which generally allows individuals to legally drive despite having marginal amounts of alcohol in their system. Under normal circumstances, one can usually only be found guilty of a DUI if one of the following applies:

  • You have a blood alcohol concentration (BAC) of .08% or more
  • It can be proven that you were under the influence or impaired by alcohol

In situations where the Zero Tolerance policy applies, however, you can be found guilty of a DUI with a smaller amount of alcohol in your system, even if you do not appear to be impaired.

The Zero Tolerance Policy and Drivers Who Are on DUI Probation

Following a DUI conviction, you will be put on probation for at least three years, possibly even up to five years. Also known as a “summary probation,” you are not expected to regularly check in with a probation officer nor will you be monitored on a regular basis. However, there are other requirements you will have to meet during this period of probation. One of the most critical requirements you should remember is that driving with any amount of alcohol in your system will not be tolerated.

California’s Zero Tolerance policy has three main consequences:

  • If you have an amount of alcohol in your system that is 0.04% or more, this will count as a DUI
  • If you are pulled over and the officer asks you to take a breathalyzer test, you must take it
  • If any of the aforementioned rules are broken or you refuse a chemical test after an arrest, you might face further consequences for violating your probation, which will be added to your new DUI charge

Additionally, as a result of breaking California’s Zero Tolerance laws, a judge will revoke your probation unless you spend at least 48 hours in county jail. The DMV will also automatically suspend your driver’s license for one year. You have the opportunity to fight your suspension by requesting a DMV hearing within 10 days of your arrest.

DUI Attorney in Southern California

At Parker Law Center, our Southern California legal team has extensive experience in assisting clients who are facing the severe treatment of the criminal justice system. No matter what stage you are at in the legal process, you can count on our skilled attorney to help you navigate what is oftentimes an intimidating experience to ensure you achieve the best possible outcome.

For the representation you deserve, call us today at (800) 819-1322 to request a case evaluation.

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