It is highly unlikely that you'd be charged with a DUI, given the lack of a citation or arrest for that offense.
You could receive a jail sentence if you're charged with a probation violation, but realize that the DMV does not have the authority to do this. This would be a court proceeding.
Depending on a variety of factors, a one-year suspension is a possibility.
My advice is to contact a local attorney and be sure to request a DMV hearing within the 10-day period.
Good luck to you,
To take your questions slightly out of order...
Can and will they deem this a second DUI? They may try, but given your blood alcohol level, it's unlikely. There are the two different charges for DUI - 23152(a) which makes it unlawful to drive under the influence at any blood alcohol level and 23152(b) which makes it illegal to drive with 0.08% blood alcohol or higher.
Obviously, 23152(b) doesn't come into play for you, so the question is - will the Orange County DA think they can prove a DUI under 23152(a) against you? A person *can* be under the influence at any blood alcohol level if they are impaired to the point they're unable to operate their car the same way a sober person could. If the extent of your driving issue was a failure to stop behind the limit line (something that many people do every day without alcohol involved), and your field sobriety tests were reasonable, then the odds of you getting a new, second DUI are very slim.
Regarding your question about probation violation - my first question would be: are you sure you were actually on probation for DUI at the time? There can be 5 year probation terms, but the more common length of probation is 3 years. It may be that your probation ended in 2008 and you will not face a violation of probation. Let's assume that you were on probation though. Yes, you will likely face a violation of probation because of the alcohol under the "zero tolerance" laws. The court can impose jail time and/or additional punishment if you are found in violation. In addition, you face a potential 1 year suspension of your driver's license by the DMV.
If the officer took your license it sounds like you may have been charged with DUI. Do you have a date to appear on the ticket? What court? .06 may be the (A) count DUI. It is also a probation violation, you should fight it. Did you finish all the tems of your probation? When? After 3 years you should be off the probation for the first DUI.
Edward J. Blum
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