It’s no secret that driving while under the influence of alcohol or drugs is a huge problem in our culture – one that can lead to deadly accidents or incidents that can inflict catastrophic injuries. Because of this, California severely penalizes anyone who is discovered driving while intoxicated or under the influence of drugs, with punishments that may include jail time, community service, required DUI programs, fines, a license suspension, and more.
For most first-time DUI offenders, the common punishment is not being sent to jail, but instead a sentence of DUI probation. This is a type of informal probation where a person must comply with specific restrictions for a set length of time.
During this time term, the person also has his or her license suspended as a result of the DUI conviction. However, as a Los Angeles DUI defense attorney may tell you, an individual can obtain a restricted license even after a DUI conviction in order to drive to and from work. Since the license suspension period is frequently shorter than the probationary period, after a person regains full driving privileges, they are still permitted to drive while on DUI probation.
A person on DUI probation is under several restrictions
It does not necessarily follow that there are no restrictions on a person’s ability to drive while they are on DUI probation, regardless of whether they have a limited license or full driving privileges. A person on DUI probation may be ordered to install an ignition interlock device (IID), which requires an alcohol-free breath sample to start and then continue to operate the car.
However, you are still required to abide by other probationary requirements even if an IID is not placed in your car. Most significantly, a person on DUI probation cannot consume ANY alcohol and drive. Under California law, it is illegal to have a blood alcohol content (BAC) of .01 percent or above while driving if you are on DUI probation. That is practically a zero-tolerance rule, compared to the standard. For other drivers who are older than 21, the legal limit is 0.08% BAC.
What to expect if you break the terms of DUI probation
If you breach the terms of your DUI probation by drinking and driving — even if you just had one drink — then the district attorney can issue a warrant for your arrest, and a judge can decide to revoke your probation and send you to jail or prison. Alternatively, the judge could decide to impose further sanctions for your probation violation. A professional Los Angeles DUI defense attorney can help defend you if you have violated your DUI probation and are facing sanctions as a result.
It’s also crucial to be aware that you cannot refuse to submit to a preliminary alcohol screening, or PAS, while you are on DUI probation. Even if you didn’t drink any alcohol, your license could be suspended for a period of one to three years if you refuse this test or another chemical test.
To ensure that you successfully complete your DUI probation, it is essential that you comprehend its requirements. An expert Los Angeles DUI defense attorney can help to make sure that you know what your DUI probation restrictions mean, so that you can avoid breaching these terms.
Our team of legal experts at the Chambers Law Firm is experienced in assisting clients who have been accused of DUI in Los Angeles and other cities. Call us at 714-760-4088 or email us at dchambers@clfca.com to arrange a free introductory consultation right now.
