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.
Criminal Defense Attorney
While on probation, you cannot drive with any measurable amount of alcohol in your blood.
My colleague is correct. The terms of your probation state no measurable alcohol.
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.
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.