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California Vehicle Code 23154 | DUI While on Probation for a Prior DUI

Posted in California Law,DUI on June 10, 2024

If you were recently convicted of driving under the influence (DUI), you may have been placed on DUI probation. This form of probation is unique and involves many additional restrictions that are not present in other forms of probation. If you have even one alcoholic beverage and then drive, you can be arrested and convicted under California Vehicle Code 23154 for driving under the influence while on probation for a prior DUI because the permissible amount of alcohol in your system while driving is much lower if you are on DUI probation than if you are not. Additionally, you are required to take the preliminary alcohol screening device test, while other drivers can refuse it as a condition of your DUI probation. Here is more information you need to know about this offense and what you can do to defend your rights.

What Is California Vehicle Code 23154?

California Vehicle Code 23154 makes it illegal for anyone who is currently on probation for DUI to operate a motor vehicle while they have a blood alcohol concentration (BAC) of 0.01 percent or greater. A person can face these charges if the judge or jury determines the defendant consumed an alcoholic beverage and was driving a vehicle with a BAC of 0.01 percent or greater or if their BAC was tested and showed a result of this nature.

This portion of the criminal code essentially operates as a zero-tolerance law. If the. If someone is on probation for DUI, they can be arrested if they are found to be driving while having any measurable amount of alcohol in their system.

Penalties for California Vehicle Code 23154

A person convicted of this offense can have their probation revoked and be subject to additional penalties, including:

  • Extended probation term
  • Driver’s license suspension
  • Required enrollment in a drug and alcohol education course
  • Community service
  • Incarceration
  • Additional fines
  • Additional criminal charges

Potential Defenses to Driving Under the Influence While on Probation for a Prior DUI?

An experienced DUI attorney in Riverside can review the circumstances surrounding your arrest to determine the most effective defense strategies, which may include:

  • Illegal stop – For a driver to be convicted of this charge, it must be predicated on a lawful stop for an alleged violation of this crime. With a BAC of 0.01%, you may not have been driving in a manner that would have alerted law enforcement to possible impairment, as you might have at a higher BAC.
  • Inaccurate test results – Testing equipment that is even slightly off can result in finding a BAC of 0.01 percent because the margin of error is so low. Your lawyer may be able to test the equipment to see if it had calibration problems or if the operator did not use the machine correctly.
  • False positives – Certain foods, drinks, medications, and medical conditions can trigger positive test results. 

Your Riverside criminal defense lawyer can also refute the officer’s allegations with evidence that contradicts it, such as video footage of the stop or witness statements.

Call Our DUI Defense Attorneys Today

If you are facing charges for driving under the influence while on probation for a prior DUI, contact us or call our Riverside office to arrange a free, confidential consultation with a member of the legal team at The Law Offices of Graham D. Donath, APC.