Criminal Defense

What You Need to Know About DUI While on Probation in California

DUI is a serious offense in California. The penalties for a DUI can include jail time, fines, driver's license suspension, and more. Additionally, you can face even more serious consequences if you are found driving under the influence while on probation. 

If you are facing a DUI charge while on probation, contact San Diego DUI attorney Elliott Kanter for legal advice, guidance, and experienced representation.

Probation Violations in California

In California, when you, as a defendant, are served a probation order, the judge gives you the terms and conditions of your probation. You will then be required to adhere to those terms and conditions to avoid further consequences. If you are found in violation of your probation, the judge can impose additional probation terms, revoke probation, or terminate probation. 

What is California's Zero Tolerance Law?

California's zero tolerance law (Vehicle Code 23600) states that anyone on probation for DUI should not drive with any quantifiable alcohol content in their blood. These penalties can include driver's license suspension, drug and alcohol education, community service, and incarceration.

To fight license revocation, you must request a Division of Motor Vehicles (DMV) hearing during the first ten days of your arrest. If you fail to request a hearing, your license will be automatically suspended 30 days after the arrest. Having an experienced attorney present can help you get a more favorable outcome during your hearing with the DMV. 

Drivers on probation who violate California's zero tolerance law or fail to complete a DUI test may trigger the termination of their probation. This usually occurs if the defendant's blood alcohol content (BAC) equals or exceeds 0.04%.

DUI Charges While You are on Probation

The penalties can be more severe if you are charged with a DUI offense while on probation. Based on your probation's specific terms and conditions, you may face additional consequences that can include the following:

  • Extended probation period
  • Additional fines and jail term
  • Additional charges for violating your probation
  • Revocation of probation

Because of these consequences and their implications on your life, it's extremely important to adhere to the rules and regulations of your probation and avoid additional charges, especially a DUI. 

Contact a San Diego DUI Attorney Today for Help

If you or a family member has been arrested for DUI while on probation, you need to take immediate action. At The Law Office of Elliott Kanter, we will explain your options and provide you with a strong defense for your case. Contact us online or call (619) 231-1883 to discuss your case.

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