Legal Question in DUI Law in California

If a DUI is on your record, and you have been clean since that time, and go tolunch and have a beer, if you get stopped is it considered illegal or a violation in the state of california


Asked on 10/29/10, 5:03 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Driving under the influence is always illegal. If you are, you'll get arrested. One beer will generally not do it.

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Answered on 11/03/10, 5:32 pm
Joe Dane Law Office of Joe Dane

It is not illegal to have had a drink and then driven. It is only illegal if you are above 0.08% or are under the influence.

It is different if you're on probation though. If you're on probation for DUI, driving with any amount of alcohol in your system can be a new crime as well as a probation violation, subjecting you to additional jail time and/or punishment.

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Answered on 11/04/10, 6:45 am


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