Persons on probation for DUI

If you are arrested for a DUI, please contact DUI attorney Mark Blair. Mark specializes in DUI defense and can help you avoid a DUI and the terrible consequences associated with a DUI conviction. DUI lawyer Mark Blair wants to help you avoid being on DUI probation. If you are on DUI probation, pursuant to Vehicle Code Section 23154, you will not be able to operate a motor vehicle at any time during your probation period with a concentration of .01% of alcohol or more. This prohibition is by law and can also be a condition of your probation.

If you are on probation for a DUI, you are deemed to have given your consent to submit to a roadside series of breath tests measured by a preliminary alcohol screening device, or “PAS” for the purpose of detecting the presence of alcohol in your body. Before you are required to submit to preliminary alcohol screening device test, you must be lawfully detained for an alleged violation of Section 23152 (DUI) or 23153 (DUI with injuries). This means that the PAS test shall be a result of a lawful detention and will be performed at the direction of a peace officer who must have reasonable cause to believe that the person is driving a motor vehicle in violation of Section 23152 (DUI) or 23153 (DUI with injuries). If a preliminary alcohol screening test is not immediately available, then the officer may pursuant to Vehicle Code Section 11389 (a) request that the person submit to chemical testing of his blood, breath or urine.

If you are on probation for a “wet reckless”, you are not subject to these same conditions unless the judge stated these conditions as terms of your probation.

The officer must inform the person that his or her failure to submit to, or his or her failure to complete, a preliminary alcohol screening device test or other chemical test as requested shall result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one to three years.

If the person refuses to take or fails to complete the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol test is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood alcohol concentration of .01% or greater, the officer shall pursuant to Vehicle Code Section 11389:

1. Serve the driver with a notice of an order of suspension of the driver’s privilege to drive

2. Take possession of the driver’s California license and issue a temporary license

3. Verify that the temporary license states that it is valid for 30 days from the date of its issuance

4. Forward within five business days following the date of issuance of the notice of suspension the completed forms to the DMV.

If you suffer a DUI arrest, please contact DUI attorney Mark Blair. Mark Blair is a DUI lawyer who handles DUIs throughout the Bay area. Please contact Mark immediately to preserve your driving privileges!