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While on DUI probation with the DMV, are you allowed to have under 0.01 BAC? Or are you not suppose to have a BAC over 0.00?

Los Angeles, CA |

I was recently cited for violating DUI probation and cited for 23154(a) vc. I blew a 0.015 and I was told by one attorney that the DMV only counts breathilizer BAC test results up to the hundredth decimal point, which technically makes my BAC count as 0.01% BAC. Am I allowed to have a BAC under 0.01% while I am on DUI probation with the DMV? If so, this means I am off by 0.001 and I will hire a specialist to contest this matter. This information is very critical to my case since I would be right exactly on the borderline of DUI probation with 0.01% BAC while on probation.

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Attorney answers 4

Posted

While on probation, you cannot drive with any measurable amount of alcohol in your blood.

Jim Mitchell Medley

Jim Mitchell Medley

Posted

Don't drink and drive. You're on probation. Really?

Posted

My colleague is correct. The terms of your probation state no measurable alcohol.

Posted

While on probation, there can be no measurable amount of alcohol in your system while operating a vehicle. Although, there may be arguments concerning the calibration and accuracy of the testing apparatus.

Posted

Agree with the answers above, but keep in mind they (either DMV or the DA) have to prove their case. The questions are what kind of breath machine did you blow into, what was it's calibrations, etc. But the main question is whether that machine can even calculate breath alcohol numbers under a certain BAC. Some machines are not able to calculate below a .02. Something to maybe look into with some attorneys around you.

Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.

Asker

Posted

i forgot to mention this part: I am technically not on DUI probation because I got my previous DUI case dismissed by the LA metro court before this incident happened and I have a 1203.4 Order For Dismissal Form. However, the DMV is being very difficult and is requiring an abstract from Metro Court to prove i am not on probation even though Metro court does not issue abstracts for early termination of probation.

Marc Alan Legget

Marc Alan Legget

Posted

you may get the 1203.4 paperwork from the court, which will also set forth that your probation was terminated early if that is the case. Most 1203.4 petitions do not require a hearing any longer and it is all done by submitted paperwork. If you dont yet have the paperwork, call the clerk of the court where you filed the petition or better yet go to the clerks office in person and inquire about getting a copy o it. Also, the attorneys above are all correct No measurable amount iof alcohol really menas none. That said there may be a reason that your results were positive other than alcohol consumption. You should, at minimum, consult an attorney who handles primarily DUI's

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