Earlier this year California law changed for individuals who are on probation for driving under the influence of alcohol. If a probationer is lawfully detained by police while operating a motor vehicle and has a measurable amount of alcohol in their system, then their driver’s license can be suspended for one year, their vehicle can be impounded, and this is in addition to a possible violation of probation.
California Vehicle Code Section 23154 states:
(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (
c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Once cited for a violation of Vehicle Code section 23154 you have only 10 days to request a hearing or your license will automatically be suspended for one year.
If you are accused of driving under the influence of alcohol, it is imperative that you have an experienced criminal defense attorney, like the attorneys at the Law Offices of David M. Wallin to examine the circumstances of your case, and that the strongest possible defense is mounted on your behalf.
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