DUI Probation Violation

[oddworld]

My question involves criminal law for the state of: California

I received a DUI in October 2008 and was put on a 3-year informal court probation. Just recently, I was pulled over and blew a 0.06, but this was after the officers did about 6 breath tests, the first test showed a 0.04, and I was pulled over on the street I live on so I would have already been asleep at home when the additional tests were taken. Either way, it is still under the legal limit, but was a violation of my probation according to CVC 23154. This new section of the vehicle code was put into effect January 1, 2009.

I tried to contact a probation officer, but I do not have one since I am on an informal court probation. I was honestly unaware of the new zero-tolerance law during my probation, and it also came into effect after my probation had started. It has been almost two years now and my record has been completely clean.

I did not sign anything, and was released with a temporary driver license. I should be receiving notice in the mail of when my court date with the DA will be.

I was wondering if I should have a DMV hearing and explain these issues, as well as explain them in court, and what the chances are of just getting a slap on the wrist and having the charges dropped. The officer I spoke with that night told me the results could vary.

[cdwjava]

Standard DUI stipulations include not driving with ANY alcohol in your system. So you were in violation anyway.