Arrested for 2nd DUI while on probation for 1st DUI in Los Angeles

Arrested for 2nd DUI while on probation for 1st DUI in
Los Angeles

Question:  I was arrested and convicted of a 1st DUI in Los Angeles two years ago.  I was just pulled over for weaving and blew into the breath machine after they arrested me.  The results of the blow were a .07.  The current arrest took place in San Bernardino.

I think I am facing a probation violation hearing because I do not think that I will be convicted of a DUI. What will the penalty be from the DMV if they find me guilty of a probation violation?  Will they suspend my drivers license?  If so, how long will the drivers license suspension be?

Answer:  Sorry to hear you were arrested for another DUI.  You state that you don’t think you will be convicted of a DUI since you blew a .07.  I am assuming they you were given a court date to appear on the case in San Bernardino?  If so, you are likely looking at a DUI charge under VC 23152(a), which does happen even when the BAC is below a .08.  There are clearly ways to fight and defend against a DUI, but just because you blew a .07 does not mean charges will automatically be dismissed.

Secondly, since the new DUI charge is in San Bernardino, there could be separate action taken by the Los Angeles court where your first DUI conviction was.  Depending on the situation, this could mean additional penalties from that case including jail time based on a probation violation for picking up the new case.

To address your question regarding the DMV, the DMV will suspend your drivers license for 1 year based on a finding that you violated probation and blew over a .01. Even worse, if that happens, you will not be able to get a restricted drivers license during that time.

There is a lot potentially going on here. I would recommend that you give me a call to have a  free initial consultation to discuss your situation and options in more detail.  I can be reached by phone at (818) 336-1384.  Thanks and I look forward to speaking to you and letting you know about possible defenses to your case.


Phil Hache
DUI Defense for Court and DMV hearings.