Home > Research Legal Advice > Criminal Defense > Will I be violated for a DUI arrest while on parole?
Asked 5 months ago - Modesto, CA
FlagHi, I have about 40 days left on my 3 years of parole. I had no violations or incidents of any kind. Three days ago on Saturday about 12:30 in the AM, I was pulled over for allegedly speeding. When asked, I admitted to having a couple of drinks earlier in the night. I was given a blood test which I do not have the results to. After a night in Jail, I was sited out without a parole hold. I have not contacted my parole officer yet and was told at last contact that she would probably not see me again before I discharge. My court date for the DUI is 2/15/13, which is 21 days after my discharge date of 1/25/13 . I did plead to a .09 wet and reckless about 8 years ago. I am on parole for 2nd degree burglary.
First, you need an attorney just for the DUI alone. A subsequent conviction even as a wet could result in a lengthy license suspension in addition to some jail time. And obviously if they violated your parole or post supervised release, you could do much more time in jail than if this was just a DUI.
If you cannot afford an attorney you should ask for one when you go to court. In any event ask for a DMV hearing within 10 days of being arrested and request a DMV hearing. The phone number is on the papwork you received from the police officer.
Yes, you most likely will be violated. Speeding is a vulnerable basis for a traffic stop, unless the officer is pretty saavy about how he describes his decision to make a traffic stop. I would attack the officer's claim of your speeding by getting a traffic survey for the roadway you were on. Was there a traffic survey in the five years before the arrest? See Vehicle Code section 40802. If the officer testifies that the only reason he pulled you over was that your speed was above the posted speed limit, you have a chance of suppressing all evidence, as the evidence of your BAC would be the "fruit of a poisonous tree." Wong Sun v. U.S. Officers often testify to this simplisitc basis. You might want to even ask to see records from the police department that his speedometer was properly calibrated (as well as properly maintained, repaired and inspected).
As a prior answering attorney stated, you are looking at a second-time DUI. This is a harsh reality. You really need to fight. Do you have any blood abnormalities? Diabetes? Attack the chain of custody of the blood sample. Often, it is non-existent, which can create reasonable doubt as to whether the blood tested was really from you. See Bullcomings v New Mexico, a recent Supreme Court decision. Get a foresnsic alcohol expert to testify in this regard.
If your BAC is close to 0.08, you might want to request a second test of your blood. It is called a "blood split." You will need the judge's approval to release a portion of the blood sample for such a retest.
The stakes are high for you. You have a lot to lose. I'd recommend you hire an attorney if you can afford one.
You may well be violated. You also are most likely are under an obligation to report all law enforcement contact with your PO. You may need to do that too.
I cannot give you a definitive answer based on the information at my disposal. It may be best to speak with counsel in detail about these issues. You would have an attorney/client privilege if you do that in person (as opposed to asking questions in a public forum here).
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