As of January 1st, 2009, a new law (Vehicle Code Section 23154) went into effect, which imposes a minimum one year license suspension on persons currently on probation for a DUI who drive with a BAC of .01 or higher. If a person currently on probation for DUI is stopped by a police officer, that person MUST submit to a preliminary alcohol screening device (PAS). If the PAS shows a BAC of .01 or higher, or if the person refuses to submit to the test, he or she is subject to a minimum ONE YEAR license suspension from the DMV!

The law reads:

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.