Q: I was told when u have one dui in California that u can’t have ANYTHING in your system for 10 yrs or it counts as dui#2?
My friend & I are debating if when u have a prior dui how long u have to drive with a .00 bac to have it not count as a 2nd dui in California. We both have 2. He says he was told by a cop that as long as u finish dmv classes u can drive w/ under a .08. I was told that since we have priors that if I have ANYTHING in my system for 10yrs (as long as the dui is on my record (priorable record)) that it will count as a DUI. I was told by programs and probation and that it’s no tolerance in CA. Even if I get pulled over w/ a .03. Which is it? When he drinks, he tries to keep it “under a .08” but I tell him it doesn’t matter because you can’t have anything in your system while driving for 10 years. Which is it? What is the law when it comes to drinking and driving with priors? These two situations are very different and we definitely don’t ever want to have to get another one. Anything will help. Thanks in advance! I know not drinking anything is best but just wondering the “what if’s”
A:
A DUI is priorable for 10 years but you are on summary probation for 3 years.
When you plead the Sentencing Memo says: "Do not drive with any measurable amount of alcohol or drugs in your blood or within 6 hours of consuming any alcohol or drugs"
A:
The .00 sounds like a condition of probation. Once probation is over, you are no longer required to abide by probation orders.
Your friend needs to be careful about just trying to stay under .08 though. Under Vehicle Code section 23152(a), you can still get popped for a DUI under .08 if your driving is affected by alcohol or drugs. For example, you are at .06 or .07 and you cause a wreck . .. . or swerve . . . .. etc. The key under that code section is the bad driving rather than how much alcohol is in your system.
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