Yes, you can be charged with a third DUI and you can have your probation revoked. There is no way of predicting what the officers will do or how the District Attorney will evaluate it. You say you passed the drug test -- i do not know if you mean that you had a blood or urine test and it came back negative or if it is your opinion that you passed the drug recognition exam (DRE). I your chemical test came back negative, it will, of course, be hard for them ot allege combination of drugs and alcohol. But if you are relying on your assessment that you passed a DRE, that does not tell us how the officers will interpret or misinterpret the test.
Having said that, you say you are going to get the Public Defender. That suggests that you were given a court date for an arraignment. If so, that means that the officers did, in fact, arrest you and that they intend to send the police reports to the DA. The filing deputy DA will then look at the reports and decide if there is an adequate case to file in court. The DA will rely heavily, of course, on the contents fo the report.
In any event, you are arranging to have a lawyer and that is what you need. The lawyer will get the discovery (police reports, lab results, etc.), do her or his own investigation, talk to you and go over the possible defenses. If you are charged with a third, then the lawyer will also want to investigate the prior convictions to see if they meet constitutional muster. She or he will also at any potential constitutional violations that might inure to your benefit.
Bottom line, talk to the lawyer. Good luck!
California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are on probation for DUI. This is referred to as a "zero tolerance" law. This does not mean you will get a 3rd DUI but it means your probation could be revoked under the 2nd and you could have the maximum penalty imposed. You need to hire a DUI specialist.
A third DUI? Probably not, but possibly, assuming you mean .01% (and not .10%) BAC. It will ultimately be up to the prosecutor who can prosecute whatever he or she wants to.
Another problem is the DMV. Vehicle Code Section 23154 applies. Failure to contact DMV within 10 days of service of any pink Order of Suspension results in a 1 year suspension for driving with .01% or more. That's another reason you may not want a public defender who does not handle these administrative actions.
I would handle this very carefully. There are a number of issues here that are of concern to me.
I never criticize public defenders because I believe they do a good job, though it is a fact that their time is limited. In your case, I think you should definitely consult with a skilled DUI attorney to get an idea for just how serious of a situation you're in.
Depending on the specific facts, the case could range anywhere from one that's likely to be dropped, to a possible 3rd DUI, which is a huge range.
San Francisco, CA 94107
DUI DUI defense DUI as a criminal offense DUI arraignment Blood test for DUI DUI charges DUI arrest DUI probation Driving under the influence of drugs Third DUI Criminal defense Civil penalties for DUI Criminal charges Crimes against society Right to counsel in criminal cases Defenses for criminal charges Criminal arrest Criminal court Arraignment for criminal cases Probation for criminal conviction Constitutional law
Sign up to receive a 3-part series of useful information and legal advice about DUIs.