Driving with 0.01 percent blood alcohol content or higher in blood while on DUI Probation

February 28, 2013

This post applies to offenses in Los Angeles County (as well as other AB 91 counties, to wit, Contra Costa, Alameda, Tulare).

As often the case, a person placed on a DUI probation is ordered not to have any measurable amount of alcohol in his blood while driving.  Having even a 0.01 percent of alcohol in one’s blood can potentially create two problems.  First, it is a ground for a probation violation where the court can impose any jail time up to the maximum for the substantive case.  Secondly, if the citing officer notifies the DMV, the DMV can suspend driver’s license under administrative 0.01 procedure. The consequences for a 0.01% administrative finding is one year of license suspension without an ability to get a restricted license.  In that respect, it is somewhat an anomaly is is worse then having a .08% or higher blood alcohol lever because with that alternative finding, the driver is eligible to get a restricted license under AB 91 after serving a 90 days suspension and after installing an ignition interlock device.

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