Driver's who are over 21, but on DUI probation, cannot drive with a .01% or more BAC. If they do, they will be in violation of their DUI Probation. Consequences of such a violation may result in a one year hard suspension of their driver's license by DMV and/or additional consequences imposed by the Court.
The DMV and the Government must prove that the driver drove with a .01% or more BAC. They can use a chemical test of the driver's blood or breath OR simply use the results from a Preliminary Alcohol Screening Device test. Vehicle Code Section 23154 governs this violation. Although it is an infraction, one is entitle to a trial on this issue. These cases can be fought and won. Mr. Price has successfully defended these violations!