Second DUI?

[ador_ee]

What is the name of your state (only U.S. law)? California
I had a DUI back in 2012. I completed the program and had my license reinstated back in December 2013.
Today I was stopped by Highway patrol and they give me a pink slip with "BAC 0.01% or more during DUI probation" checked.
The breathalyzer reported 0.04%, was let go and my girlfriend continue driving.
I dunno what will happen? Am I going to be charged with second DUI ?
Thanks

 

[drruthless]

Slow learner?

What is the name of your state (only U.S. law)? California
I had a DUI back in 2012. I completed the program and had my license reinstated back in December 2013.
Today I was stopped by Highway patrol and they give me a pink slip with "BAC 0.01% or more during DUI probation" checked.
The breathalyzer reported 0.04%, was let go and my girlfriend continue driving.
dunnI o what will happen? Am I going to be charged with second DUI ?
Thanks

You have to ask?

Ok, second verse, same as the first.
In all likely hood,

you will be charged a DUI.
you will lose your license.
Keep your week ends free
maybe a years worth..

if it cost you a bundle last time,
figure least twice as much this time.

If you had a good lawyer the first time,
Have a damn better one now!
Good Luck.

..____________________
~ There is such a fine line between clever and stupid.

 

[FlyingRon]

Actually, he's not going to be charged with ANOTHER DUI. This is a violation of 23600 VC (his probation conditions).

He does very much need a lawyer. He's headed back to court on the probation violation and the judge may impose some severe sanctions. If his BAC is OVER .04%, then it's a requirement that the probation be revoked and be jailed. At .04% or less, everythign is discretionary on the judge's part.

What he can expect:

1. Strong likeliood of jail time (a few days but perhaps up to 180, some judges routinely issue 15 day sentences)
2. More probation time
3. More fines, assessments, and other hoops.
4. A year or more revocation of license.

The poster needs to definitely seek professional help on his alcohol problem.