Skip to main content

Blew a .06 while still on probation of my first DUI.

San Diego, CA |

In December of 2011 I got my first DUI with a .22 BAC. I have only a few classes left and got pulled over for rolling a stop sign. I was cited for breaking probation since I wasn't driving to/from work and blew a .06 in the breathalyzer. The officer did not arrest me but confiscated my license, gave me a temporary ID and impounded my car. I forget what to do with the 10 day DMV hearing, and what punishments am I looking at?

+ Read More

Attorney answers 7


Do not kid yourself, this is SERIOUS! You will not only be facing an additional suspension with the DMV becuase of the fact that you drove with alcohol in your system, but also a probabtion violation as well. I would retain counsel ASAP, as you could very possibly get jail time for the probation violation, too! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question? I truly wish you the best of luck!


Get an attorney ASAP . You violated the terms of your probation. Your liicense will e suspended by the.court and DMV in addition to significant penalties. The court takes probation violations very seriously- there is mandatory jail time for a violation of probation while on a DUI .


You're looking at some serious consequences, both in terms of your license and potential jail time. You could be charged with driving on a suspended license and a related probation violation, as well as violating the zero tolerance provision of your probation as well, and DMV will suspend your license for a year, with no opportunity for a restricted. There are a number of good DUI attorneys in San Diego. Hire one ASAP. Good luck.


You're looking at possible jail time.

Elliot Zarabi

Elliot Zarabi 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.


A hearing about your probation violation will be set, where a judge will determine what the appropriate action should be taken to address the violation. The judge can sentence you to custody and/or additional consequences. The DMV will also take action against you. You should obtain a free consultation from a San Diego County defense attorney to learn what can be done to ensure the best possible result.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


It really depends on what County in San Diego this happened. On a .06, some San Diego Prosecutor office may or may not file either a new criminal charge, a probation violation, or both. Some of them go for blood, and some are more reasonable. For DUI #2 in San Diego, the standard punishment is 4 days jail, 18-month DUI class, 2 year license suspension, 5 days public work, fine of ~$2,600, MADD class, and 5 years probation. A probation violation may add either some more jail time, or more public work (again, depends on the County and judge).

DMV is a separate action, although it's connected with the Court side. Fingers crossed they don't file criminal charges, although DMV will still take action as long as the officer sent the reports to the DMV as required.

Lots of arguments for a .06 DUI, especially with only rolling through a stop sign. Lots of science and procedure to look through.

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


Up to 6 months jail on the violation, possibly a DUI#2 charge which carries up to a year if convicted, criminal contempt charges for failing to obey the court order not to drive with a measurable amount of alcohol in your system, et al. Setup a DMV hearing within 10 days of your arrest to at least give you a shot of salvaging your license for the next year and hire the best, locally experienced, criminal defense attorney you can afford.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer