If you are on probation for a San Diego DUI conviction & have maybe half a beer or half a glass of wine, you must be very aware of this new zero tolerance law. If you are on probation for a DUI or Drunk Driving in San Diego California, call your San Diego California DUI criminal defense attorney.
San Diego drivers on probation for a DUI conviction of Vehicle Code §§23152 or 23153 face zero tolerance if they drive in California with a blood or breath alcohol concentration of .01% or higher.
New Vehicle Code §23154 states:
23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person’s privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.
[At the present time, there is no additional punishment defined in the statute so presumably only a probation violation on a California DUI will exist – other sanctions could also be introduced in the next session so keep updated of any changes or news.]
A refusal of the PAS by a person under 21 or in alleged violation of 23154 can also be punished administratively – under 21 by our current §13388 or in 2009 by the new Vehicle Code §13389 which states:
13389. (a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the
person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612. (b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows: (1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person’s driving privilege. (2) (A) The officer
shall take possession of any driver’s license issued by this state that is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. (B) The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first. (3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under paragraph (2), with the report required by Section 13380, to the department. (B) For the purposes of subparagraph (A), “immediately” means on or before the end of the fifth ordinary business day after the notice of order of suspension was served. (c) For the purposes of this section, a preliminary alcohol
screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.
The section doesn’t discuss prior wet recklesses – §23103 per 23103.5 convictions, only §§23152 (California DUI) or 23153 (California Drunk Driving with injury).
Vehicle Code §13353.1 is amended by AB 1165 to assist the DMV in taking one’s license for violations of the above new codes:
13353.1. (a) If a person refuses an officer’s request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388 or 13389, upon the receipt of the officer’s sworn statement, submitted pursuant to Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136 or 23154, and that the person had refused to submit to, or did not complete,
the test after being requested by the officer, the department shall do one of the following: (1) Suspend the person’s privilege to operate a motor vehicle for a period of one year. (2) Revoke the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following: (A) A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code. (B) A suspension or revocation of the person’s privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion. …
The Vehicle Code further will authorize a police officer to tow one’s vehicle for violation of §§23154 or 13389 as well as “double the fine zone” in some cases.
San Diego California DUI convicted persons should continue to respect the required probation term of zero tolerance. If you need DUI & DMV Defense help, visit this San Diego DUI lawyer site.