| DUI PROBATIONERS BEWARE NEW VEHILCE CODE SECTION 23154 TRAP |
If you are on probation for a DUI the new law allows for penalties and license suspension for driving with any amount of alcohol. This is a ZERO tolerance law put into effect this year. Vehicle Code section 23154.
The new Vehicle Code allows a person on probation to be charged with a violation of Vehicle Code section 23154 if caught driving with any measurable amount of alcohol defined as 0.01% or greater.
This change makes it easier to prosecute someone for violating the term of their probation. Before the change , a person only faced a Penal Code Probation violation rarely charged for the original case. Now a new charge (VC 23154) and DMV administrative action is available to law enforcement. While the Vehicle code violation is only an infraction, it is the DMV action that is onerous. License suspension and IID requirements.
You should not drive with any alcohol in your system if still on probation. You should see if you can get your probation terminated early. Generally the court may be open to early termination if you have been on probation with no violations for 3 years or more. |
Posted By Michael Fremont on December 25, 2009 02:40 pm | Permalink  |