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Will I be charged with a 2nd DUI??
Anonymous4 views10 answers
I'm on probation for 3 yrs for a DUI I got in Oct 2013. The other night I was pulled over and was charged for driving on a suspended license and I violated my DUI probation by having .4% alcohol in my system. He said I had violated cause since I'm on probation I have a 0% alcohol tolerance. So I'm being charged for that too. I had a couple beers earlier that afternoon and had told him I waited hrs and drank lots of water and waited as late as I can for the alcohol to come out of my system but obviously it wasn't enough. I understand my charge for DSL. But will I be charged for a 2nd DUI or is it a violation since I was still under the legal limit??
Probably just a probation violation and infraction (VC 23154) if the .04 was the only impairing substance in you. DUIs usually aren't alleged below .05 unless there were drugs involved or a very long time gap between the driving and the chemical test.
Assuming you meant .04 BAC, unless there was evidence of impairment, it will at most be a violation of probation in court. Also, if the officer took your license (assuming you had your valid license back) and served you with a pink temporary license with the box for ".01 or more BAC DUI Probation" then you can also be looking at a 1 year suspension of your driver's license. Might be best to consult an experienced DUI lawyer to see what steps you may want to take to try and keep your license if possible and what the practices are for the DA's office where you are on probation to see if they typically file VOPs on a .04. Good Luck!
when you say. 4% I think you mean. 0 .04%. Any alcohol while driving will violate your DUI probation which subjects you to a maximum penalty of six months in jail for that probation violation. Driving on a suspended license that stems from a dy has a 10 day minimum jail sentence along with any IID requirements a fine and probation. the likelihood is they will not charge you with DUI however there is a Vehicle Code section that says if you're under. 05 there's a perception that you are not driving under the influence. Having said that you need an attorney to negotiate the probation violation as well as a suspended license violation so don't take this lightly even though they're not prosecuting you for DUI
If you were charged with a 14601.2 that is a misdemeanor with a 10 day suspension. Otherwise it is also a violation of probation for driving with a MEASURABLE amount of alcohol. If the license was suspend for the prior DUI because you did not complete th DUI program or have an interlock and you are in a pilot county you will need to schedule a couple of FREE consultations and pick the attorney you like, trust and can afford. Good luck to you. I hope this helps?
It seems unlikely, while your legal limit was zero, you can only be charged with DUI if you are .08 or there is evidence of impairment due to alcohol and/or drugs, which seems unlikely under the facts you provide. A probation violation can result in jail so you should talk to a DUI defense lawyer in your area.
I concur with my colleagues. It is very unlikely that you will be charged with a DUI with a .04 (can guarantee you did not have a .4) BAC, but you are looking at a misdemeanor driving on a suspended license post-DUI (VC 14601.2(a)), and a probation violation. The driving on a suspended license carries a minimum of 10 days in the county jail up to a maximum of 6 months, for the first offense. They are also very expensive charges, usually amounting to approximately $2,000 in fines and fees. The county jail time can be converted to work release. The driving on a suspended license will trigger the DMV to require you to install an ignition interlock device. If found guilty of driving with any measurable amount of alcohol while on probation trigger as minimum one year license suspension by the DMV under the"zero tolerance law."
So, while it is highly unlikely that you will be facing DUI charges, you do have other significant consequences to be concerned about. If you can afford to retain an attorney, I encourage you to do so. If not, seek the assistance of the public defender's office.
My respected colleagues are correct. It is likely that you will face a violation of probation, in conjunction with a 14601.1 driving on a suspended license charge, not a second DUI.
You won't likely be charged with a second DUI however, you'll likely be charged with a probation violation and have your licenses suspended for a year (which you'll need to fight). contact a local DUI lawyer asap.
PS - there was no legal limit for you.
