This Vehicle Code section is a crucial aspect for individuals on DUI probation in Los Angeles County, California, specifically Vehicle Code Section 23154. The police, equipped with the ability to identify probation status for a DUI, can initiate a stop and request a preliminary alcohol screen. If the result is a .01 or higher, indicating alcohol consumption, a citation under this Vehicle Code Section 23154 can be issued, underscoring the serious nature of the violation.
This states that a person may be found in violation of this Section if they are driving while on probation for a violation of Vehicle Code Section 23152 or 23153, which constitutes a felony DUI. The trier of fact can determine that they consumed an alcoholic beverage and were driving a vehicle with a blood-alcohol level of .01% or greater as measured by the preliminary alcohol screening device.
It's important to note that the testing is to be conducted immediately upon lawful detention and administered at the direction of a police officer who has reasonable cause to suspect a violation of subdivision (a). This lawful procedure ensures that individuals' rights are respected during the DUI testing process.
So, that's saying is that people can't just pull people over for any reason, just because they want to see if they have any alcohol in their system.
They have to have a lawful reason for pulling them over — some traffic offense — tinting windows, illegal turn, speeding — and then if they smell alcohol on them and it looks like the person has been drinking.
Then they can determine that they're on probation for a DUI. The police officer can have them blow into a preliminary alcohol screening device that most officers carry in their cars. If it registers anything at or above a .01, the person will be cited for this Vehicle Code Section 23154. It's important to note that the police officer must have reasonable cause to believe you are driving under the influence before administering the test.
Driver's License Suspension
Upon citation, the individual will likely have their license confiscated and sent to the DMV. This could lead to a suspension or even revocation of their driving privileges, a significant consequence that underscores the severity of the situation.
The next element to prove this Vehicle Section, the person shall be told that their failure to submit to or inability to complete a preliminary alcohol screening test or another chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one to three years as provided for in California Vehicle Code Section 133353.1. This means that if you refuse to take the test, your license can be suspended for a minimum of one year, and the police officer must inform you of this.
This indicates that if you fail or refuse to take the preliminary alcohol screening test, your license can be suspended for a minimum of one year, and the police officer must inform you of this.
When they claim they failed to take the test, many people will attempt to cheat on the PBT by not blowing hard enough, intentionally trying to beat the test by not blowing forcefully into the machine.
This, if it is determined to be happening, can put them in a position where they end up with a violation, resulting in a year or more of license suspension. A lot of times, the officers will then take them to the hospital or police station where they can draw their blood to prove that their either a DUI or they have violated this Vehicle Code Section 23154.
As evident from this Code Section, DUIs in Los Angeles County are treated with utmost seriousness. If you find yourself charged under this Code Section, it's imperative to seek the guidance of an experienced, local attorney. They can navigate the complex DMV process and work towards the best possible outcome, providing you with the necessary support and expertise during this challenging time.
If you're facing a DUI case or if you're facing a violation of Vehicle Code Section 23154, which is offenses involving alcohol and drugs when you're on probation for a DUI, call our law firm for help.
