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Vehicle Code §23154 creates a separate offense for driving with a 0.01% BAC when you are still on probation for a prior DUI. While the offense is only an infraction in court, the DMV consequences are severe if you lose or don’t request a §23154 DMV Hearing (separate and on top of a §23152 Hearing, if applicable):


First Offense 0.01% or greater 1 year suspension Restricted not available
  Refusal 2 year revocation Restricted not available
Second Offense 0.01% or greater 1 year suspension Restricted not available
  Refusal 3 year revocation Restricted not available

Another change slightly increases the severity of a Wet Reckless; if you already have a Wet Reckless and you plead to another Wet Reckless within 10 years, the court must order that you complete a minimum 9 month alcohol program.

Beginning in July of 2010, all first time DUI offenders in Los Angeles, Alameda, Sacramento, and Tulare counties will be required to install an ignition interlocking device (IID). However, certain DUI offenders will be able to apply for a restricted license sooner than they would otherwise if they install IID. For example, a person convicted of a second DUI within 10 years is eligible for a restricted license after 90 days (as long as no longer no probation for the first DUI). These changes will remain in effect until 2016, when the legislature has the option of extending it further.

In Missouri v. McNeely, the U.S. Supreme Court ruled that unless a warrant is obtained, suspicion of drunk driving is not grounds in and of itself to perform a forced blood-draw from a non-consenting arrestee. The high Court said that under the 4th Amendment, police can only perform warrantless forced blood draws in an emergency or under exigent circumstances. The Court specifically stated that a person's BAC naturally dropping over time is not an exigent circumstance, which must be determined on a case-by-case basis and under the totality of the circumstances. In other words, if you refuse to submit to a blood test, under most circumstances police can no longer resort to a forced blood draw.
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DUI Tip of the Week
The Following is a Tip Only and not Legal Advice. For Legal Advice, seek an experienced DUI Attorney.

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The Law Office of "The DUI Specialist" Jeff Yeh is proud to serve clients in all of Los Angeles, Ventura, Orange, San Diego, Riverside, and San Bernardino counties. The firm handles DUI and criminal
cases in Torrance, Long Beach, South Bay, Downey, San Fernando, Santa Monica, Westminster, Santa Ana, Newport Beach, Hawthorne, Fullerton, Laguna Niguel, Alhambra, Hollywood,
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