On probation for DUI? Be wary of this new California law
As of January 1st, 2009 a new penalty hit the books for probationers caught driving while under the influence. If someone has been put on probation for a DUI conviction in California and gets pulled over, his or her license can be immediately taken if they have any alcohol in their system.
This new law means that your blood alcohol content can be as low as 0.01% and you can still lose your license and possibly your vehicle. This penalty also applies if the probationer refuses to submit to a breath test.
AB 1165 alters the wording of the existing law to increase penalties and decrease the threshold at which someone on probation can be penalized for drinking and driving. While the intentions of this bill are likely in the right place it is an extremely harsh penalty that probationers should definitely take notice of.
If you go to a friend’s for dinner and have one drink or even less, and later get pulled over, you could lose your car and your license. This makes the penalty sound even more serious, and it is.
Often when someone is convicted of DUI in California they will serve probation in lieu of jail time. Also, they may serve what is called “court probation”. Court probation refers to an unsupervised form of probation where there are no regular meetings with a probation officer.
The new penalty would apply to anyone, whether they are on court probation or regular supervised probation.
Probation is a good alternative to an active jail sentence but it is certainly no walk in the park. Slip ups like being caught for a violation of this new law can wreak havoc on the probationary term you are serving.
Whether you are facing a probation violation or DUI charges for the first time, a qualified California DUI defense attorney is the safest bet for positive results in court.