California DUI Defense Blog

KTLA reported on a recent story that ended with a mother being charged with child endangerment and driving under the influence of drugs. The woman was allegedly on migraine medication and driving her daughter to school. The woman was driving at high speeds as well as weaving and going off of the road. The 11 year old girl in the car called her older sister when their mother would not pull over. The older sister then called the police and the California Highway Patrol was able to pull the woman over in Ventura. The woman was then arrested and charged.

Driving under the influence of drugs is treated very similarly to driving under the influence of alcohol. The California Vehicle Code Section 23152 (a) states the following in regards to driving under the influence: 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. When speaking of drugs, the law doesn’t distinguish between illegal drugs or legal prescription drugs.

It is important to retain an experienced DUI attorney in Southern California who understands the complex laws surrounding these types of charges. At Wallin and Klarich, our knowledgeable DUI attorneys can offer you an aggressive defense and will work to ensure that your rights are protected. Call us today at (888) 764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments. They are far more likely to seize cars from unlicensed motorists than catch drivers under the influence.

According to the Orange County Register, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This revenue is divided amongst cities and towing firms. Police officers received about $30 million in overtime pay for DUI crackdowns in 2009.

Law enforcement officials and tow truck operators stated that vehicles are predominantly taken from minorities. Sobriety checkpoints often screen traffic within or near Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations.

The seizures defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across California have impounded more than 24,000 vehicles at checkpoints – the percentage of vehicle seizures has increased 53 percent compared with 2007.

Make sure your rights are accurately and aggressively defended. If your vehicle has been seized, or you are charged with DUI or driving without a license, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-764-2615 or visit www.wklaw.com to find out more about how we can help. We will be there when you call.

KTLA gave the details of Rip Torn’s recent arrest in Salisbury, Connecticut. The story reported that Torn was allegedly extremely intoxicated when he broke into the Litchfield Bancorp Bank through a window while carrying a loaded .22-caliber revolver in his pocket.

He is currently facing the following charges stemming from the incident: Criminal trespass, carrying a gun without a permit, carrying a gun while intoxicated, burglary and criminal mischief. Police stated that Torn thought he was in his own home and not in the bank. He didn’t threaten anyone with the gun during the event. Torn has previously been charged with DUI charges; once in Connecticut and twice in New York. His attorney was quoted as saying, “There’s an alcohol issue that needs to be addressed.” The attorney also said that Torn will be going into a New York alcohol rehab center soon.

If you or a loved one is facing criminal charges such as any of the above, it is critical that you talk to an experienced attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all criminal matters, including alcohol-related cases. Our Southern California drunk in public defense attorneys will guide you through the complex criminal court system ensuring that you understand your rights and fight to get you the best possible result in your case. Call us at (888) 764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

It is important to understand that California imposes what is referred to as an “implied consent” law. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either your:

1. blood;
2. breath; or
3. urine (only in cases where you are suspected of driving under the influence of drugs).

This means that you are required by law to submit to a chemical test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI.

However, the hand-held Preliminary Alcohol Screening (“PAS”) test that may be offered at the scene of the vehicle stop, before you get arrested, is not mandatory under this or any California law. Understand that your submission to the PAS test on the side of the road does not absolve you of your legal duty to submit to a subsequent chemical test at the police station.

Although the PAS test is non-mandatory for adults, it is mandatory for those under 21. If you are under 21 and suspected of DUI, you are also deemed to have given consent to the PAS and an additional blood, breath, or urine test.

If you or a loved one has been charged with a DUI, it is critical that you talk to an experiences criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years experience in defending DUI cases. Our attorneys will defend your rights and fight for the best possible result in your case. Call us at 888-764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

California has two separate laws for DUI. One provision criminalizes “driving under the influence of drugs or alcohol (or both),” while the other provision criminalizes “driving with a blood alcohol level of .08 or higher.” Therefore, even if your blood alcohol level was under .08 at the time you were stopped, you may still be arrested and convicted of DUI if you were under the influence when stopped.

Under these circumstances, hiring an aggressive criminal defense attorney is critical. An experienced San Diego criminal DUI defense attorney may be able to convince the prosecutor not to file charges because they have a weak case, or may be able to get the charges reduced.

The DUI defense attorneys at Wallin & Klarich will look at the unique facts of your case and use them to aggressively fight the charges on your behalf. In addition, Wallin & Klarich will fight for you at the DMV hearing and try to keep your driver’s license from being suspended.

If you or a loved one has been arrested or cited for DUI, it is essential that you immediately contact an experienced Southern California DUI defense attorney. The attorneys at Wallin & Klarich have been handling DUI matters for more than 30 years, and know how to protect your rights in court and fight for your driving privileges with the DMV. Please contact Wallin & Klarich today at 888-764-2615 for a free case evaluation, and visit us on the web at www.wklaw.com. You may also visit our DUI page to learn more about the charges you are facing. We will be there when you call.

In a recent ruling, the California Supreme Court found that those individuals charged with driving under the influence could challenge blood-alcohol findings based on the possible inaccuracies of Breathalyzer results. This ruling by the Supreme Court may potentially diminish the prosecution’s case against those charged with driving under the influence.

California Vehicle Code Section 23152 (b) states “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a Breathalyzer test.

The California Supreme Court held that the formula for converting breath to blood-alcohol levels might, in some cases be inaccurate. The court considered various factors that could be raised to challenge the results of a Breathalyzer test in defending a charge of driving under the influence.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive and experienced criminal defense attorney. Hiring an experienced Southern California DUI criminal defense attorney can greatly increase your chances of keeping your freedom, and ensuring you get the best possible result in your case. With over 30 years of experience, our attorneys will examine your case and fight for you. Call us at 888-764-2615 or go to our website at www.wklaw.com for more information. We will be there when you call.

In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more.

This language begs the question: “What is a rebuttable presumption?” A rebuttable presumption means that the prosecution can assume that you had a .08 percent blood alcohol level at the time you were driving if, at any point within three hours after you were pulled over, you had a .08 percent or higher alcohol content. The assumption can be challenged by evidence offered by the defendant.

Practically speaking, this means that if you are pulled over by law enforcement and you refuse a breathalyzer test, law enforcement can take you into custody, and then at any point within three hours, perform a blood test.

This process can be very detrimental to defendants because blood alcohol levels peak over the passage of time. Thus, if you had your last drink 30 minutes before getting pulled over by law enforcement, it is likely that your blood alcohol level will not have peaked (be at its highest point) at the time you are pulled over. So, your blood alcohol content when you were pulled over could have been below .08 percent, but within 30 minutes (and definitely within 3 hours) it could be at or above .08 percent, leaving the prosecution with the rebuttable presumption that you had a .08 percent or higher blood alcohol content when you were driving.

While DUI cases seem relatively easy, they are in fact quite complex. For this reason, it is important to hire an experienced San Diego drunk driving defense attorney from Wallin & Klarich to defend your rights. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience handling DUI cases and have the skills and expertise to provide you with the best possible defense. Our attorneys are well versed in the science and mechanics of DUIs and have a good track record with our clients. If you or a loved one has been charged with a DUI, call an attorney at Wallin & Klarich immediately. Our attorneys can be reached by phone at 888-764-2615 or through our website at www.wklaw.com. We will be there when you call.

According to the Orange County Register, four drivers were stopped and cited for driving immediately after having their driver’s license suspended or revoked. The Costa Mesa Police Department staked out courtrooms at the Harbor Justice Center in Newport Beach, California. They followed 16 DUI offenders who had just had their license suspended or revoked. Four out of the 16 ignored the judge’s order to cease from driving. The drivers were immediately stopped and cited for driving on a suspended/revoked license. Three of the cars were impounded.

Being convicted of a DUI is a serious offense. There is a wide range of punishments for a conviction of a DUI. You can be sentenced to time in county jail as well as lose your driving privilege. It is very clear that law enforcement agencies are devoting a tremendous amount of time to arresting drivers for drunk driving. It is considered a serious enough problem by the Costa Mesa Police Department to use the resources of several police officers to stake out DUI offenders at the courthouse.

If you or a loved one is charged with a DUI, it is essential that you talk to an experienced Orange County DUI criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in defending DUI cases. We will go over every single detail of your case to find the best possible defenses. We will work with you to achieve the best possible result in your case. Call us at 888-764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

A conviction for a DUI is an unfortunate event that can happen to the best of us. Its legal ramifications are serious – resulting in jail time, heavy fines, and the loss of driving privileges. Having a DUI conviction on your record can also be a source of embarrassment and can jeopardize your future employment or educational prospects.

However, it is possible to restore your good name. Our experienced California DUI expungement attorneys at Wallin & Klarich can do just that by helping you expunge your conviction. Under California Penal Code section 1203.4, a person who qualifies for expungement can have a court of law set aside the guilty verdict and, with certain limitations, release that person “from all penalties and disabilities resulting from the offense of which he or she has been convicted.” This can mean a clean slate for you, a fresh start.

At Wallin & Klarich, we have been handling DUI conviction cases with passion and vigor for over 30 years. Allow us to apply our extensive knowledge and experience in California DUI law in guiding you through the process of clearing your record. For more information regarding how the attorneys at Wallin & Klarich can assist you with your case, please call 888-764-2615 or visit www.wklaw.com today.

As one of the premier DUI law firms in San Diego, we talk to many people who have been arrested for DUI’s. One of the frequent comments that we hear is that those arrested for (how can you not catch this obvious error of driving under the influence say that they did not feel intoxicated when they were driving. Many people think they are okay to drive, when in fact they are not.

The truth is that most people do not know when they are too drunk to drive. Some people drive because they are unsure whether or not they are too drunk to drive. Some actually feel like they are perfectly fine to drive. No one is ever sure of what their BAC level is before getting into the car. That fact alone should be enough to lean towards the side of caution. Even if you do not feel drunk, you still may have a BAC of .08% or more, which is enough to be found guilty for a DUI. So, the best thing to do after drinking alcohol, no matter how much alcohol you had, is to not drive. Period.

If by chance you do drive after consuming alcohol and you are arrested for DUI, make sure you contact a San Diego law firm that has years of experience successfully defending those accused of DUI’s. There are many defenses to a charge of DUI. Wallin & Klarich has been helping people charged with DUI in San Diego for over thirty years. Call us at 888-749-0034 or visit our website at www.wklawdui.com. We will be there when you call.