Monday, January 26, 2009

 

New Law & Out of State California DUI probationer issues

San Diego DUI & DMV defense lawyers are asked by out of state folks are on probation for DUI in California:

Zero tolerance for previous DUI offenders on probation: This new law prohibits a driver who's already on probation for a previous DUI from operating a motor vehicle with a blood-alcohol content of 0.01 percent or greater. The law requires such a driver to submit to a preliminary alcohol screening (portable breath test).

If the driver refuses to take the test -- or takes the test and the result is a blood-alcohol reading of at least 0.01 percent -- the driver's vehicle is impounded, a citation is issued and the driver's license taken away with driving privileges suspended.

Under the old law (section 13389 of the California Vehicle Code), a driver on DUI probation -- who refused to be tested, or took the test and had a blood-alcohol content of at least 0.01 -- had the driver's license taken away but was issued a 30-day temporary one. And the vehicle was not impounded, according to CHP information Officer Steve Kohler.

Alcohol-related reckless driving: This new law requires courts to order a person with a prior conviction for alcohol-related reckless driving or DUI in the previous 10 years -- who subsequently is convicted of alcohol-related reckless driving -- to participate in a licensed DUI program for at least nine months.

Ignition-interlock devices: This new law reduces the blood-alcohol content when a person is arrested from at least .20 percent to at least .15 percent. It should trigger a requirement for courts to give heightened consideration for installation of an ignition-interlock device for a first-time offender convicted of an alcohol-DUI, according to the CHP release.

"The overall safety of the motoring public is our primary concern," said CHP Commissioner Joe Farrow. "Not only will these new laws enhance motorist safety, many of them are a step toward ridding the roadways of drunk drivers and the tragedies they cause."

San Diego DUI Lawyers willing to assist with this new law:



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