San Diego DUI Penalties Attorney

 

In San Diego County, judges have taken pains to ensure that the majority of convicted first time DUI receive the same San Diego DUI Penalties.


For those already convicted of a DUI, their are separate penalties for driving with any alcohol in your system while on probation. California Vehicle Code Section 23154 provides that those San Diego DUI Penalties are as follows:

 

  • (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
  • (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

 

The prosecution has a much easier time showing a violation of DUI probation than obtaining a conviction for misdemeanor or felony DUI for two reasons. First, because the standard of proof is lower, meaning that they do not have to prove beyond a reasonable doubt that probation was violated. Second, because a violation of probation only requires a showing of a blood alcohol concentration of .01%, and because the reading of a preliminary alcohol screening device will generally be sufficient proof of the blood alcohol level.

 

The San Diego DUI Penalty can be as great or greater for a probation violation for Vehicle Section 23154 as it can for a DUI conviction. Therefore, if you are convicted of a DUI in San Diego, it is important not to drive with any alcohol at all in your system.