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Driving After Drinking while on Probation

California Vehicle Code Section 23154

23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other 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 year to three years, as provided in Section 13353.1.

Office Location and Areas We Serve

The Law Office of Robert Tayac is located in San Francisco at 505 Montgomery Street, 11th Floor San Francisco, California 94111. Satellite offices are maintained in Napa, Redwood City, San Rafael, and Walnut Creek.

For more information on driving under the influence matters in neighboring cities and counties, feel free to review the county specific information on the resource pages listed below:

  • San Francisco
  • Marin County
  • San Mateo County
  • Oakland
  • Walnut Creek
  • San Rafael
  • Alameda County
  • Contra Costa County
  • Napa
  • Palo Alto

Contact The Office

Robert Tayac and the DUI investigators and experts working with him have been helping people who have been arrested for driving under the influence in San Francisco and the surrounding counties for more than twenty years. If you hire the Law Office of Robert Tayac to handle your DUI case, you will know that you have retained the services of the most knowledgeable, experienced, and trustworthy San Francisco DUI defense team.

Contact the Law Office of Robert Tayac for your free case evaluation!

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

Client Testimonials

  • “I just wanted to thank you for your wonderful work on getting my conviction expunged from my record.”

    N.D., DUI Attorney

  • “My family and I cannot thank you enough...”

    D.Y.

  • “Co-Author of the "first word" in DUI Defense law in this state...”

    D.C., Attorney at Law

  • “I will always be eternally grateful for your help and extreme kindness.”

    T., Captain of Police

  • “You made me feel confident and reassured that all aspects of my case were being handled in a professional and efficient manner.”

    C.M.

Contact Us Today

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