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Did I violate my probation?

Oakland, CA |

Hi I am 18 years old and live in northern california.
A couple of months ago I was given a misdemeanor charge of using a fake ID to enter an establishment. The charge was reduced to an infraction and I was placed on court probation for 5 months and given 30 hours of community service to complete. A couple of days ago I was pulled over for driving over a line while getting onto the freeway, I was subjected to sobriety tests and completed until I blew a .03 into the breathalyzer. I was given an infraction of "driving with alcohol in my system" and they took my license away and gave me a ride home.
Is this a violation of my probation?
What can I do to help my case?
What consequences could I be looking at for an offense like this?

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Attorney answers 4

Best Answer

First, if you were given an Infraction, there should be NO probation, so you need to check this immediately to make sure it is not a Misdemeanor. Second, if you are 18 you are required to take the PAS breath testing, and there is NO Tolerance, .01 is enough for the DMV to take your license, however, many of these machines register other substances as alcohol, so a lot depends on what you told the officer. This would be a fight with the DMV and you only have 10 days to request a hearing with the DMV; if you call my office before the 10 days, 510 346 6666, I will do it for you for free, and remember this calendar days not business days. But, this should not be a violation any Infraction. Still, you must deal with the DMV and they can take your license for 1 year on a first offense. Donald Drewry, DUI/DMV Lawyer Oakland/San Leandro, CA


Most likely not, depending on exact terms.
Don't pick up any new offenses and seek professional assistance at
Depends on a number of factors including who you retain, the evidence, the prosecutor, the judge, etc. Too soon to tell.


The biggest issue you are facing now is a potential suspension of your CDL for 1 year. Typically an infraction will not be a violation of your probation but it could be depending upon the deal that you received.
Robert Driessen


Maybe. Talk to a lawyer that specializes in DUI defense. Fines, school.

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