California DUI Defense Blog

It was recently reported in the OC Register that a woman was arrested on suspicion of drunk driving after she crashed into a parked pickup truck in front of a police cruiser. Jennifer Bowman, 36, was driving a black Acura when she crashed into a Toyota pickup. The parked truck suffered major damage in the collision.
Bowman will most likely be charged with driving under the influence. Under California Vehicle Code Section 23152, it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. The person can also be charged with a DUI if he or she was driving while having a BAC of 0.08% or more.

A first time conviction for a DUI can be punished by imprisonment in county jail for up to six months. The court will also issue a fine and suspend the driver’s driving privileges.

If you or a loved one is facing a charge for drunk driving, it is important that you speak with an experienced Los Angeles DUI attorney. At Wallin & Klarich, our Orange County DUI attorneys have over 30 years of experience. Our attorneys are highly knowledgeable in the most up-to-date DUI laws and will aggressively fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklawdui.com. We will be there when you call.

The Los Angeles Daily Journal Appellate Report recently reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia and informed him that he was required by law to submit to either a blood or breath test to determine his blood alcohol level. Garcia refused and his license was suspended even though he eventually completed a test showing his blood alcohol level to be at 0.28. The court found that Garcia’s delayed submission to a chemical test did not allow him to avoid the consequences of his initial refusal and that his license was properly suspended.

Under California Vehicle Code Section 13353, if you are arrested for driving under the influence and refuse to submit to, or fail to complete, a chemical test you will be subject to a suspension of your license for a period of one year. It is important to note that consent to a chemical test that is not clear and unambiguous may be deemed a refusal as well.

If you have previously refused a chemical test following an arrest for drunk driving, or if you have been arrested for reckless driving, underage drinking, or driving under the influence, within the past ten years, you will lose your driving privileges for two years. However, if any of these arrests or violations has occurred twice within the past ten years, your license will be suspended for three years.

Losing your license is very serious, especially in California where driving a vehicle is one of the only modes of transportation. If you or a loved one has been arrested for driving under the influence it is important that you retain our experienced legal representation immediately. The defense attorneys at Wallin & Klarich have been handling DUI cases for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Call Wallin & Klarich today at (888) 749-0034 and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

As recently reported by KTLA, Lindsay Lohan violated her bail provisions when her SCRAM bracelet detected the presence of alcohol in her system. After appearing at the MTV Movie Awards, she attended at least one after party, where it is suspected that her bracelet went off. Judge Marsha Revel, after meeting with Lohan’s attorney and the District Attorney, issued a bench warrant for Lohan’s arrest.

The judge ordered Lohan to wear the SCRAM bracelet following a May 24th hearing with the added condition of not consuming alcohol. For violating the conditions sets forth, Lohan forfeited her existing bail and the judge issued a bench warrant for Lohan’s arrest and set a new bail at $200,000, which is twice the previous amount. Within hours of the bench warrant, Lohan paid the bail and was discharged from police custody. If the judge determines that a violation had occurred, the judge could revoke Lohan’s bail and send her to jail.

Under California Penal Code § 1269b, the judge has discretionary authority to fix the bail amount for the defendant who has appeared before the court. Once the defendant has paid the bail, he/she shall be discharged from custody. If, however, the defendant fails to appear before the court or violates the bail provisions, the court may declare that the defendant has forfeited his/her bail. They may also issue a bench warrant for the defendant’s arrest and set a new bail at a higher amount.

If you or a loved one is facing criminal charges, it is important to be properly represented in a court of law. With over 30 years of experience, the attorneys at Wallin & Klarich understand the criminal legal system and can effectively defend your case. Our attorneys will raise every possible defense on your behalf to afford you the best possible outcome. Call us today at (888) 749-0034 begin_of_the_skype_highlighting              (888) 749-0034      end_of_the_skype_highlighting begin_of_the_skype_highlighting              (888) 749-0034      end_of_the_skype_highlighting or visit us online at www.wklaw.com. We will be there when you call.

Brittany Deanne Schuetz, 21, was sentenced to 15 years to life in prison for the DUI murder of April Junhee Whang, a 26-year-old Fullerton woman in 2009. Schuetz had previously been convicted of drunk driving in 2007 and had completed subsequent alcohol education programs.

On New Year’s Eve 2009, Schuetz sped through a red light and struck Whang’s car, killing her instantly. When police arrived, they reported the smell of alcohol on Scheutz’s breath. They also noticed bloodshot and watery eyes. Her blood alcohol content was measured as 0.24, three times the legal limit. Earlier that evening, Schuetz had consumed alcohol at a party and was driven to her car. Schuetz then got into her car and drove home, ignoring her friends’ please to not drive. Because of this, Schuetz was convicted of second-degree murder in February under the legal theory that she knew driving under the influence was dangerous to life because of her prior drunk driving conviction but did it anyway.

Under the California Vehicle Code 23152, it is illegal to drive a vehicle while under the influence of any alcoholic beverage or drug, or any combination thereof. It is also illegal under this section to drive a vehicle with a blood alcohol content of 0.08% or more. In most DUI cases, the judge and prosecuting attorney are much more likely to increase punishment when there is an accident involved. The punishment is also likely to be more severe when there is significant damage done or when a work-related vehicle is involved.

If you or a loved one have been arrested for DUI, you should speak with a DUI attorney as soon as possible. An experienced DUI defense lawyer can provide you with the best advice on how to proceed with your case and present the best defense. At Wallin & Klarich, we have represented people accused of DUI for over 30 years. Call us at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

If you were pulled over for driving under the influence and law enforcement failed to obtain a chemical sample of your blood, breath or urine, it may be alleged that you violated California’s Implied Consent Law. The Implied Consent Law requires you to provide a chemical sample of your blood, breath, or urine following a valid police stop and arrest. The police stop is valid if the officer had reasonable cause to believe you were driving a motor vehicle under the influence of alcohol and/or drugs. This is why it is important to have a DUI attorney in Southern California advising you after such an event occurs.

The specific facts and circumstances surrounding your DUI stop and arrest determines whether you provided law enforcement a chemical sample or if you refused to do so. Did the officer read to you proper admonishment describing your legal duty under the law? Did the officer create confusion surrounding which alcohol test was voluntary and which was required by law? If so, you may have a valid DUI defense to an allegation that you refused to submit to a chemical test of your blood, breath or urine. If it is determined in court that you refused to submit to the required blood or DUI breath test, this can lead to a required sentence in jail as well as a much longer suspension of your driving privilege. It is for these reasons that it is critical you seek the advice of an experienced DUI defense law firm if you are accused of a “refusal”.

The aggressive Southern California criminal defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information.

To establish a violation of California Vehicle Code Section 23152(b) – DUI, also known as drunk driving – it must be proven that your blood or breath alcohol level was .08 or greater AT THE TIME OF DRIVING. Police officers are unable to test your blood alcohol content precisely at the time you were driving, particularly when an accident has occurred. Therefore, the law states that as long as the chemical test samples of your blood or breath are obtained within three hours of your driving, the result obtained relates back to your alcohol level “at the time of driving.”

However, if the chemical test sample of your blood/breath alcohol level was not obtained within three hours, the government cannot rely on the sample in court or at your California DMV hearing regarding the suspension of your driving privilege. It is important to note that while a chemical test may have accurately determined blood/breath alcohol content (BAC) at the time of testing, it is not conclusive evidence of blood/breath alcohol content at the time of driving.

The aggressive Southern California DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.

After being arrested for a DUI, it is important to research DUI lawyers and retain a DWI attorney to work on your DUI defense for your criminal trial and DMV license hearing. It is important to understand that the outcomes of your criminal DUI case and California Department of Motor Vehicles (DMV) license hearing are primarily fueled by the specifics included or omitted from the police report. Some errors and omissions may not be legally significant, but others can be fatal to the criminal and DMV cases against you. This is especially true at the DMV administrative hearing, where the predominant evidence being used against you is the arresting officer’s police report. Numerous police report errors, even including minor ones, when taken as a whole, may call into question the credibility and trustworthiness of the officer who completed the report.

When charged with a DUI in California, facing two cases (the criminal DUI case and DMV license hearing) at the same time can be overwhelming and discouraging. However, your hands are not tied. DUI charges are often vulnerable to diligent legal investigation. Police officers make procedural errors, including errors or omissions in the police report being used against you.

The aggressive Southern California DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing DUI charges for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.

Los Angeles, California is the second largest city in the United States and is home to a diverse population of citizens. Being a large metropolis, Los Angeles is not immune to crime. Crime in Los Angeles varies from minor offenses to murder, and everything in between. One of the most common crimes people are charged with in Los Angeles is drunk driving.

Someone accused of DUI in Los Angeles will need the help of an attorney, especially one with years of experience handling DUI cases. When charged with DUI in Los Angeles, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled Los Angeles DUI defense lawyers have been defending the rights of those accused of driving under the influence for many years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

At Wallin & Klarich, our attorneys have over 30 years of experience defending those accused of driving under the influence while in Los Angeles, and are prepared to handle every aspect of your case. Our attorneys are intimately familiar with DUI and DMV matters and will zealously represent you in court and at your DMV hearing. Our attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a free case evaluation at 1-888-764-2615 or visit www.wklaw.com and www.wklawdui.com. We will be there when you call.

Orange County, California is home to Disneyland, the NHL’s Ducks franchise, the Angels, and other attractions. Crime in Anaheim varies from minor offenses to murder, and everything in between. One of the most common crimes people are charged with in Anaheim is DWI. DWI patrols after Angels and Ducks games are common. Police also regularly patrol the streets looking for those driving while under the influence. If you are stopped and arrested for DWI, it is important to hire an Orange County DUI attorney with knowledge of California DUI laws.

The attorneys at Wallin & Klarich are intimately familiar with fighting DUI charges in Anaheim, and aggressively represent their clients in court and at the DMV. When charged with DUI, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled DUI defense attorneys have been defending the rights of those accused of driving under the influence for over 30 years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

Our DUI Anaheim Orange County defense attorneys at Wallin & Klarich are prepared to handle every aspect of your case. Because the defense of your case depends entirely on your unique facts, it is critical that someone charged with DUI in Orange County immediately contact an experienced DUI defense attorney. Our DUI defense attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a free case evaluation at 1-888-764-2615 or visit www.wklaw.com and www.wklawdui.com. We will be there when you call.

It was recently reported that the California legislature amended existing DUI (driving under the influence) laws in accordance with the procedures for obtaining a restricted driver’s license. The new amended provisions will go into effect on July 1, 2010.

New provisions will require the DMV to advise a person who has been convicted of an alcohol-related DUI offense for the first or second time to apply for a restricted driver’s license after completing 90 days of a license suspension period.

If individuals have received their third alcohol-related DUI conviction within 10 years, they might be eligible to apply for a restricted driver’s license after completing 6 months of a driver’s license revocation period. This application for a restricted license will be subject to certain conditions, including a requirement that individuals must show proof of enrolment in an 18-month or 30-month DUI program, as prescribed by the law.

If you or a loved one was arrested for DUI, it is essential to contact an experienced San Bernardino DUI attorney who can provide clarity and quality representation in your DUI matter. Wallin & Klarich has over 30 years of experience successfully representing clients in DUI cases. Call us at (888) 764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced DUI attorneys today. Please visit us at www.wklaw.com. We will be there when you call.