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My issue is a new charge while on (first offense) DUI probation.

Cupertino, CA |

I was arrested for a DIP/public intoxication this past weekend while sitting on some steps and in the process of calling a taxi. There were no other circumstances involved just the one charge. However, earlier this year in March 2012, I received a DUI and am on the active probation.

Thanks for any response.

Attorney Answers 5

  1. Well you are looking at a new law violation as well as a possible probation violation. You will need to look at what the terms of your probation were. If one of the conditions was to consume no alcohol this will create more issues. Almost always a term is not to violate any laws. What you need to do is contact an attorney. Most of the time if that attorney can get the new law violation dismissed you can be revoked and reinstated on the probation.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at

  2. What is your question? Hire an attorney.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

  3. A competent answer will require a thorough review of all of the facts in your current case as well as the terms of your probation in the DUI case. Additionally, if the current case is in a different county than the DUI, it is possible that probation may not learn of the current offense. In any event, you should consult with an attorney. Good luck.

  4. You are looking at new charges for the DIP and a violation of your probation. Without knowing more about your case it is not possible to give more advice.

  5. To be convicted of penal code section 647(f) (drunk in public), the prosecution must prove:
    (1) You were under the influence of alcohol]
    (2) You were in a public place
    (3) Your intoxication posed a danger to yourself or others OR you were blocking a public way.

    If you were sober enough to hail a taxi, it seems doubtful that you were a hazard to yourself or others. If you were standing in your own driveway, you were not blocking a public way. Therefore, it seems that the prosecution will have difficulty proving the 3rd element.

    In addition to a criminal charge, however, you may be facing a violation of probation. This depends on the specific terms in your probation agreement. If you have a no UPT (use, possession or transport of alcohol) clause in it, then you violated it by consuming alcohol. As one of the other attorneys points out, most probations have a clause that says you must obey all laws. However, based on your facts, I can't see that you broke any laws. But, there could be many other clauses in there that you might have broken. You should consult with a criminal defense attorney for more detailed advice and to preserve your rights.

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