Please review the terms of your probation, if you violate those terms you will end up in jail and have plenty of time to consider beating the second DUI charge. I suspect drinking and driving is a violation of the terms of your probation....
Why would you want to? You'd risk a violation of your terms of probation and a second charge ... for what? The freedom to do whatever you want, whenever you want to do it?
Being on Probation isn't sufficient to get the message across? The fact that you are posting a question like this indicates it is not. You want some free advice? DON'T DO IT! Do not have one drink - ever - and get behind the wheel of a car. It is not worth it.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
It's true. Don't drink and drive with any measurable (.01 is considered measurable) amount of alcohol in your system or you risk a violation of your probation. If your blood alcohol is .08 or greater, or you are otherwise under the influence you will be charged with a second DUI and the penalties are much greater than those of your first conviction. I agree...don't drink and drive at all.
The judge will inform you what the terms of your probation will be. Typically it will include not driving with any alcohol.
for Fairness / for Your Freedom because sometimes good people find themselves in unpleasant situations
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You can if you want to go to jail and lose your license for a year. While on probation for a DUI, you cannot drive with any alcohol in your system. None. Best of luck.
No! It would be a violation of probation. You saw how much grief the DUI caused. If you get caught with alcohol in your system - you will relive that experience.
Andrew Roberts (818) 597-0633/ (805) 496-7777
No, sort of. If you drink a bit, then drive. .01% or greater will get you a probation violation AND a new hearing with the DMV for driving with alcohol while on probation. BUT it is not a new DUI, necessarily.
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While on probation, you are under court order not to drive with any measurable amount of alcohol in your body. So, yes, a 0.01% BAC reading could be grounds to violate your probation, although a new DUI filing would be unlikely.
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