Drivers on probation after a conviction for driving under the influence (DUI) must follow specific regulations. California Vehicle Code Section 23154: Driving While on DUI Probation provides detailed information about these restrictions.
According to this section of the legal code, drivers on DUI probation cannot operate a vehicle if they have a blood alcohol content (BAC) over 0.01%. Therefore, these drivers cannot get behind the wheel if they’ve had even a single drink.
You can learn more about these rules and the effects of breaking them with a Los Angeles DUI lawyer.
What Are California’s Laws on Driving While on DUI Probation?
VC 23154 contains information about the requirements drivers have to follow when operating a vehicle while on probation after a DUI conviction. Drivers in this situation must:
Avoid Driving With Any Alcohol in Their System
Normally, drivers over 21 in California must have a BAC of over 0.08% before facing CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol charges. However, drivers on DUI probation can face a DUI arrest if they have a BAC over 0.01%.
California has harsher restrictions on drivers on probation in an attempt to prevent subsequent DUIs.
Complete BAC Testing Before an Arrest
As a condition of probation, drivers with a past DUI must comply with any preliminary alcohol screening (PAS) tests or chemical testing to assess their BAC. Drivers not on probation can legally refuse these tests until after an arrest.
Drivers on probation who refuse a pre-arrest test can face an immediate license suspension and other penalties.
Does DUI Probation Come with Other Restrictions?
Drivers on probation after a DUI conviction may have to obey other restrictions, depending on the decision of the court. For example, these individuals may have to:
- Attend alcohol education classes
- Perform community service
- Submit to electronic monitoring
- Pay restitution to victims hurt in a DUI accident
The above list contains only examples of probation requirements. An attorney can explain more about how probation works in a DUI charge in Los Angeles.
What Happens if a Driver Violates VC 23154 Rules?
Individuals accused of violating California Vehicle Code Section 23154: Driving While on DUI Probation may face several penalties. First, the court will accuse them of violating their probation.
What are the consequences of a DUI probation violation? The court could decide to:
- Revoke probation and impose a jail sentence
- Extend a driver’s probationary period
- Add additional terms to the driver’s probation requirements
Additionally, if a driver violates VC 23154 regulations by getting pulled over for a DUI, they could face additional criminal charges for a second DUI offense in California.
What Happens if You Get Charged with a Second DUI?
California treats all DUIs as priorable, so you face harsher penalties for each subsequent conviction within a 10-year period. Drivers convicted of a second DUI may face:
- High fines
- Up to a year of jail time
- Mandatory attendance in DUI school
- A longer period of probation
Additionally, you will likely have to join California’s pilot program for ignition interlock device (IID) usage. Therefore, you’ll have to install an IID on your vehicle and use it to test your BAC every time you want to go over a driver.
Can a Lawyer Help with a VC 23154 Accusation?
An attorney can help if the police charge you under California Vehicle Code Section 23154: Driving While on DUI Probation. You can rely on your attorney to review your situation and go over potential defenses.
An attorney could argue that:
- The police stopped you without reasonable cause
- The police failed to perform BAC testing properly
- The BAC test returned a false positive result
For example, a BAC test could pick up alcohol from certain foods or medications, making it appear as though you drank alcohol before operating a vehicle, even if you followed all of your probation requirements.
It’s essential that you contact an attorney immediately if the police believe you drove while impaired on DUI probation.
How вo Lawyers Resolve DUI Probation Violation Cases?
Depending on the facts surrounding your arrest for a DUI probation violation, a lawyer may pursue several options when building your defense.
Your lawyer may make a motion with the court to dismiss your charges. The court may dismiss your charges if a lawyer establishes that the prosecution has insufficient evidence or that the police violated your rights.
Your lawyer may also negotiate a plea bargain with the prosecutor. However, the prosecution is less likely to offer plea deals for a second DUI. Finally, you can rely on your attorney to aggressively represent you in court.
Learn More About Driving While on DUI Probation
You can work with a lawyer to learn more about California Vehicle Code Section 23154: Driving While on DUI Probation. Our team can help you find a law firm to address all your legal needs when you call or complete our online contact form.
