Vehicle Code 23154 applies to anyone who is on probation for a prior DUI. While on that probation, it is unlawful to drive with a blood alcohol concentration of 0.01 percent or more. This is a zero-tolerance rule that lasts for the length of the probation, usually three to five years.
What it triggers
A 23154 violation is enforced both through the DMV and through the probation in the underlying case. The DMV can impose a one-year suspension for the violation, and because driving with measurable alcohol is almost always a condition of DUI probation, it can also be charged as a probation violation that exposes you to the suspended jail time in the original case.
How the 0.01 percent is measured
The 0.01 percent level can be shown by a preliminary alcohol screening device at the roadside, and a person on DUI probation is generally required to submit to that test. The reliability of the device, the way the test was administered, and whether the probation term was actually in effect are all points of challenge.
Where to start
Because a 23154 allegation reaches both your license and your existing probation, it should be handled with both in mind. Get a free written case analysis below or call me directly. See also the DMV hearing.