DUI Probation 0.01 cases involve drivers who are currently on DUI probation (for CVC 23152 or CVC 23153 charges) who are stopped by law enforcement and who submit a chemical test that is higher than 0.01%BAC. There are strict penalties for violating the 0.01%(Often called “zero tolerance”) including a lengthy driver’s license suspension
Penalties for violating DUI Probation with a 0.01%BAC result:
License Suspension: 1 year
If a driver is found to be in violation of the zero tolerance probation condition, the DMV will impose a one year driver’s license suspension on the driver. There are no exemptions for driving to/from work. This is called a “hard” suspension, with no driving whatsoever during the suspension. If a driver is caught driving during a “hard” suspension, they can be criminally charged with violating CVC 14601.2, which imposes mandatory jail time, with a minimum term of 10 days and a maximum of six months.
Fines or Additional Probation
Drivers found in violation of their probation will be given addional “penalty assesments,” fines and court fees as a punishment for violating their probation.
Often probation is extended beyond the original probationary term, which has the effect of dragging out the person’s first DUI case because they continue to face the terms of probation beyond their original probation length.
Terms of DUI Probation: “No measurable alcohol while driving”
If a person is convicted of DUI, or “Wet Reckless” (under CVC 23103) often a term of probation is that they cannot be found to have measurable alcohol in their system while driving a car. This restriction is in effect during their entire probationary term. (Typically probation in DUI or Reckless driving cases is 2 to 5 years.) During that time, there is ZERO TOLERANCE for any alcohol in their system while driving.
Consent to Search:
Another term of probation is that the driver agrees to submit to chemical tests and field sobriety test during their probation. The chemical test includes blood, evidential breath and PAS breath testing by law enforcement.
DUI Probation: Useful Resources for DUI Probation.
Terms of DUI Probation: California DMV link that discusses DUI Probation in typical 1st offense DUI cases.