Legal Question in Criminal Law in California

I am currently on probation for a dui in January of 2008. I was pulled over today by california highway patrol for speeding and was given a breath analizer test with registered .042 then .035. Well under the legal limit, but I was sited for violating my probation which apperantly states that while driving I can't have any alcohol in my system. What type of consequence am I looking at?

Asked on 9/26/09, 4:17 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The problem for you isn't going to be a new DUI - it's going to be a probation violation allegation. There's a zero tolerance policy for driving with any alcohol in your system while on probation for DUI.

I'll assume this is your first DUI. The maximum for that offense is 6 months in jail and/or a thousand dollar fine. I also assume you didn't do any jail time as a result of your initial plea. You have 6 months of jail hanging over your head. If found in violation of your probation, the court can impose any or all of that jail time as a consequence of violating your probation.

You will want to consult with a criminal defense attorney in your area to see if they can help you avoid jail time for this violation.

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Answered on 9/27/09, 10:35 am
Terry A. Nelson Nelson & Lawless

Probation violation and your 2nd DUI with mandatory enhanced penalties.

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Answered on 9/27/09, 5:52 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

This is a probation violation situation, not 2nd DUI. As part of your probation, you were not supposed to drive with any measurable amount of alcohol, which you did. You could get jail time and lose your license for a year. Get a good lawyer.

Jacek W. Lentz, Esq. 213.250.9200

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Answered on 9/28/09, 6:07 pm

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