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What are the penalties for a 23514 probation violation after 4 dui's ?

Santee, CA |

I have four dui's for prescription medication. on formal probation for 2& 1/2 years. I was go Inge a friend a ride home and stopped for not stopping at a stop sign. I just took some nyquil and because I'm a fourth waiver, the officer gave me a breathalyzer test and I blew a .03 then a .02. impounded my car for five days and let me go. what can I expect?

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Attorney answers 3

Best Answer

Up to the max you could have received for the charges you were convicted of minus any time already served in custody.

Stop discussing such case specific facts on public forums such as Avvo, and hire yourself 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


You likely had a no alcohol condition as a term of your probation. Probation could seek to violate you for this incident which involves the consumption of alcohol. You don't mention if you were ever arrested or cited for any law violation. You also don't mention why your car was impounded; was it for the violation of probation (from drinking), driving with a suspended license, or what? (Don't mention that here). I would consult and hire a local criminal attorney to prevent you from getting charged with a VOP or possibly a new criminal violation. Good luck.


Under California Vehicle Code Section 23514, a minor or a juvenile who gets an alcohol related offense while driving can be ordered into a program, and the Judge shall order that the minor not drink alcohol until the age of 21. So, assuming that you had this kind of probation, then the evidence of a .03 and a .02 could lead to a violation of probation. You need to speak to an attorney in your area about your options. With the criminal history you cite, you will need a skilled advocate on your side. Since I do not know if you are over 18 I cannot speculate about what the outcomes would be, but I urge you to take this new arrest seriously. good luck.