Legal Question in DUI Law in California

Second DUI standards

I was conviceted in California for a DUI in 2001. I vaguely remember hearing back then that I couldn't have any alcohol in my system and drive for 7 yrs, because if I did that could count as a second DUI. I just want to make sure that that's true?? Thank you!!


Asked on 11/27/07, 5:09 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Second DUI standards

If your probation order states that you are on probation for 7 years and can't drive with any measurable amount of alcohol in your system, and you are caught with just 1% BAL, that will be deemed a second DUI, assuming there are not grounds on which to fight it, i.e., you had no alcohol in your system and the test was "dirty" in some way as performed by the person doing the test.

If you weren't on probation, but you had a DUI within the last 10 years, if you are caught driving with a BAL of .03 or .08, you COULD be charged with a second DUI.

Consult with an attorney with the specific facts of your situation.

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Answered on 11/29/07, 1:02 am


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