What is the zero tolerance law in California? 11 Answers as of August 04, 2011

Is the zero tolerance law apply for the 3yrs probation or for the 10yrs the dui appears on your driver lic? my 3 yr probation is over, but i've heard that the zero tolerance law will apply for the entire 10yrs the dui appears in my driver licence.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Not sure what you mean by "zero tolerance," as the law does not define DUI cases that way. But yes, if you are arrested for another DUI within ten years of the last one, the last DUI is used as a "prior" to up your punishment on the new one.
Answer Applies to: California
Replied: 7/22/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
While on informal probation there is a requirement that you do not drive with a measurable amount of alcohol in your system, which is effectively a zero tolerance policy. There is additionally a condition that your DUI can be priorable if you get another DUI within 10 years of the conviction of your prior DUI. Therefore, the DUI will stay on your record and be held against you if you get another DUI within 10 years but you are allowed to drive with a measurable amount of alcohol in your system after the 3 year probationary period is up. It is also important to remember, after this probation period is up, that you can still get convicted of a DUI even if you have a BAC below a .08 under 23152(a) which just states that you are under the influence while driving, section (b) is the allegation that you were driving with .08 or above.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You heard wrong. The zero tolerance ends at the end of probation. The 10 year limit applies to prior offenses. A repeat offense within 10 years of a conviction results in a 1 year license suspension and an 18 month DUI Program as well as an increased Jail or Weekend Work Program sentence.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The zero tolerance law applies up to the age of 21. Zero tolerance applies to underage drinkers.
Answer Applies to: California
Replied: 7/21/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That is false. The zero tolerance only applies during probation. You should consider hiring an attorney to get the DUI expunged.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    While you were on probation you were subject to zero tolerance. No booze in your system while driving, For the following seven years you are subject to priorability. That means you cannot pick up another DUI or over .08.
    Answer Applies to: California
    Replied: 7/21/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    I don't know if I really understand what you mean by "zero tolerance law" but let me explain what typically happens. Typically a court will set a term of probation that no alcohol will be allowed in the blood of the probationer while they are driving. A zero tolerance for a BAC of 0.01%. That means no drinking, no cough medicine, no alcohol of any kind. If you are found driving with a BAC of 0.01 or higher you are considered in violation of your terms of probation. The reference to the ten years is how long a current record of a conviction for a DUI will stay on your record as a prior. However, be aware that the state has changed the length of time in the pass and may change it again in the future. Hope that helps.
    Answer Applies to: California
    Replied: 7/21/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There is no zero tolerance law. That is simply a reference to the attitude of prosecutors and judges to violations of probation. They claim to have zero tolerance for that. If you have 3 years of probation, dont violate any laws or get arrested during that time, or you face probation violation and potential jail time. The DUI counts as a prior for ten years, primarily for penalty enhancement if convicted of a 2nd DUI.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If you're on 3 years of information probation for a DUI in California, this means that you must have a 0.00 BAC when driving a vehicle. After the termination of your probation, you must be under a 0.08 BAC while driving a motor vehicle if you are over the age of 21. Zero tolerance also means that if you are under the age of 21 years old, you must have a 0.00 BAC while driving a motor vehicle.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The zero tolerance is only for the probation term. A DUI can count as a prior for 10 years, but the zero tolerance is only for the probation period.
    Answer Applies to: California
    Replied: 7/21/2011
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