It’s no secret that driving while under the influence of alcohol or drugs is a major problem in our society — one that can lead to deadly accidents or collisions that can cause serious injuries. That is why California punishes anyone caught driving while drunk or drugged harshly, with penalties ranging from potential jail time to community service, mandatory DUI classes, fines, a license suspension and more.
For most first-time DUI offenders, the typical 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 certain restrictions for a set period of time. During this time frame, the person also has his or her license suspended as a result of the DUI conviction. However, as a Los Angeles DUI defense attorney can tell you, an individual can obtain a restricted license even after a DUI conviction in order to drive to and from work. The license suspension period is typically shorter than the probation period, so after a person regains full driving rights, he or she can drive without those restrictions while still being on DUI probation.
However, just because a person is able to drive while on DUI probation — whether with a restricted license or with full driving privileges — does not mean that there are no conditions on that ability to drive. 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 vehicle. However, even if an IID is not installed in your vehicle, you still must comply with other rules of probation. Most significantly, a person on DUI probation cannot consume ANY alcohol and drive. Under California law, it is illegal to have a blood alcohol concentration (BAC) of .01 percent or greater while driving if you are on DUI probation. That is effectively a zero tolerance rule, compared to the standard .08 percent BAC for other drivers who are over the age of 21.
If you violate 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 additional penalties for your probation violation. A skilled Los Angeles DUI defense attorney can help defend you if you have violated your DUI probation and are facing consequences as a result.
It is also important to know that if you are on DUI probation, you cannot refuse to take a roadside breathalyzer test, known as a preliminary alcohol screening, or PAS. If you refuse this test or another chemical test, then your license could be suspended for a period of one to three years for this refusal — even if you consumed no alcohol.
Understanding the terms of your DUI probation is vital to ensuring that you complete it properly. An experienced Los Angeles DUI defense attorney can help to make sure that you know what your DUI probation conditions mean, so that you can avoid violating these terms.
At the Chambers Law Firm, our team of professionals is skilled at helping people who have been charged with a DUI in Los Angeles and beyond. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
