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.