Question: For the 10 years following your DUI, at any time you are found driving with a .01 BAC or higher, are you going to get charged with a second offense DUI?

Answer: No. While you are on probation for a DUI, you can not drive with any measurable amount of alcohol in your system. Once that probation is successfully completed, you would then have the same .08 or more presumption as people who did not have a DUI. You may have been confused by how prior DUI’s are used against you, which add up over any 10 year time span. For example (assume no accidents in either case), if you were arrested and convicted of a DUI in 2005, then convicted of a DUI in 2011, the DUI in 2011 would be treated as a 2nd DUI offense and carry more serious potential consequences than the DUI in 2005. Changing the facts, if you received a DUI in 1995, then a DUI in 2011. The DUI in 2011 would be charged as a first offense for purposes of the criminal court.

That being said, I would not take any chances driving if you consumed any alcohol. If you have a current DUI charge, it sounds like you have a good start to defending your case if your BAC was below a .08 and you were not on probation at that time.


Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks