California DUI Defense Blog

Is New Technology to Stop Drunk Driving on the Horizon?
By DUI Defense Attorney on May 22, 2013

Recently, the National Traffic Safety Board (NTSB) recommended that states lower the legal limit of blood alcohol content (BAC) for drivers from 0.08 to 0.05. Could new technology aimed at preventing drunk driving save an additional 7,000 lives a year?

Bud Zaouck, leader for the Driver Alcohol Detection System for Safety project (DADSS), seems to think so. The $10 million dollar project, funded by the federal government and 16 major automobile makers, could potentially “create the seatbelt of our generation” according to Zaouck. Although drunken driving fatalities have declined by nearly half since the 1980’s, Zaouck and his team hope that the proposed technology can prevent 70% of the yearly deaths caused by drunken driving.

“We have about 10,000 fatalities every year from drinking and driving,” explains Zaouck. “This technology could reduce 7,000 of those fatalities every year.”

The new technology could come in two forms: one touch-based approach and one breath-based approach. The touch-based approach would likely feature a sensor near the car’s start/stop button. The sensor would emit an infrared light into the driver’s fingertip and quickly calculate the blood alcohol content (BAC) in his or her tissue. If the driver’s BAC exceeds the legal limit, the car will not start. Similarly, the breath-based approach aims to cut down on drunken driving accidents by placing a mounted sensor near the car’s steering wheel. This sensor could detect the driver’s breath once he or she enters the driver’s seat of the vehicle. If the BAC on the driver’s breath exceeds the legal limit, the car will not start.

However, the proposed technology has also been met with criticism. The American Beverage Institute (ABI) strongly opposes the new technology, claiming that “there is a growing mountain of evidence showing that their (DADDS) true goal is to put alcohol-sensing technology in all cars as original equipment, set well below the 0.08 level.” The ABI is concerned that the new technology has the potential for error, thus preventing sober drivers from lawfully driving their vehicles.

Zaouck claims that DADDS does not seek to bar sober drivers from driving their vehicles. “The technology is designed for the legal limit in the United States,” he said. “Not for any less, not for anymore.”

California DUI Lawyer

The skilled California DUI lawyer at Wallin & Klarich have over 30 years of experience successfully defending clients accused of a DUI in California. If you are being charged with a DUI, it is imperative that you contact our law offices immediately. Our DUI lawyers have the experience and knowledge to win your case. We will fight for your freedom through every step of the process.

Our offices are located in Orange County, Los Angeles, San Diego, Ventura, West Covina, Torrance, Riverside, Victorville, San Bernardino, and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: Law & Information


Do I Have A Legal Right To Refuse A Field Sobriety Test?
By DUI Defense Attorney on May 20, 2013

After a night of heavy drinking with friends, you decide to say farewell and drive yourself home. Before reaching your destination, an officer pulls you over because he believes you are driving drunk. You immediately realize that you are intoxicated. If the officer asks you to perform a field sobriety test, do you have a legal right to decline?

What Is A Field Sobriety Test?

A field sobriety test (FST) is a testing procedure used by an officer to determine whether or not there is probable cause to arrest you for a DUI. Below are three different field sobriety tests that an officer may utilize after stopping you for suspicion of a DUI.

The Horizontal Gaze Nystagmus (HGN)

In the HGN test, an officer will observe your eyes as you follow a slowly moving object such as a pen or a small flashlight, in a horizontal fashion. The officer will keep a close watch of your eyeball in order to detect an inability to follow the small object or an involuntary jerking motion.

The Walk-and-Turn

This test requires you to take nine steps, heel-to-toe, in a straight line. After completing this task, you must turn on one foot and take another nine steps, in the same manner, towards your original starting point. The officer will watch if you have trouble maintaining your balance while you perform this test.

The One-Leg Stand

An officer will ask you to stand on one foot while your other foot is approximately six inches off of the ground. While doing so, you will also be required to count aloud by the thousands until the officer asks you to stop. This test is intended to determine how well you can maintain your balance while focusing on another task.

How Accurate Are These Field Sobriety Tests?

The National Highway Traffic Safety Administration (NHTSA) reports that if these aforementioned tests are not conducted properly, such actions will likely “compromise” the testing validity of these procedures. The NHTSA has evaluated these tests and found that even when conducted properly, the reliability of these procedures is questionable. For example, the HGN evaluation only had a 77% reliability rating when properly administered. The walk-and turn test had a 65% reliability rating and the one-leg stand test had a 65% reliability rating.

Do I Need To Submit To A Field Sobriety Test?

Contrary to popular belief, you do not need to submit to a field sobriety test if prompted by a police officer at the scene of the stop. In other words, you have a legal right to refuse an FST. These tests are voluntary and intended to assist officers in determining if a driver is under the influence of drugs or alcohol at the time of the stop. In fact, your poor performance on any one of these three exams may provide probable cause for arrest and a subsequent DUI conviction at your trial.

If you refuse the take an FST, the officer will likely arrest you for a DUI. Although you will be arrested, you will not take the risk of failing an FST that was improperly conducted and having that test used against you at your trial.

California DUI Lawyer

If you are facing a DUI charge, contact the aggressive California DUI lawyer at Wallin & Klarich today. We will challenge the credibility of the arresting officer, the accuracy of the principles underlying the FST tests, and the subjective nature of the actual evaluation. This thorough analysis will significantly improve the chances of winning your case.

Wallin & Klarich has over 30 years of experience successfully defending clients charged with a DUI. Our offices are conveniently located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Please contact us immediately at (877) 4-NO-JAIL or (877) 466-5245 to discuss your case. We will be there when you call.


Colorado Rockies Star Todd Helton Pleads Guilty in DUI Case – CVC 23152
By DUI Defense Attorney on May 17, 2013

TheDenverChannel.com reports that on May 7, 2013, Colorado Rockies baseball star Todd Helton pleaded guilty to charges related to his February 2013 DUI arrest.
Pursuant to a plea bargain, Helton pleaded guilty to a lesser charge of driving while ability impaired. Helton was sentenced to one year probation, a $400 fine, $1224 in other fees and 24 hours of community service.

Helton’s arrest took place on February 6, 2013, after a witness reported a possible DUI to the authorities, telling them that Helton had hit a curb while driving. Upon confronting Helton, an arresting officer said that he could smell a strong alcoholic odor coming from Helton’s person and that Helton was unsteady on his feet. Helton was arrested and agreed to a breathalyzer test. Helton had a blood alcohol level of 0.12 while the legal limit is 0.08. During the booking process, Helton stated that he had drunk 2 igloo cups of red wine.

California Prosecution of DUI

To convict Helton in California of a DUI under similar circumstances, the prosecutor would have to prove that when he drove a vehicle, either of the following situations applied:

• He was under the influence of an alcoholic beverage and/or drug to the extent that his mental or physical abilities were so impaired that he no longer was able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances; OR

• His blood alcohol level (BAC) was 0.08 percent or more

If the evidence that Helton’s BAC was 0.12 were admissible, Helton could be convicted of a DUI in California under CVC 23152(b). Similarly, if Helton’s statements about drinking 2 cups of wine, his unsteady walking reported by the officer, and the statement made by the lay witness alleging that Helton had hit a curb were all admissible as evidence, Helton could also be convicted under CVC 23152(a) in California.

Sentencing and Punishment for DUI

The punishment for a DUI conviction in California is harsh. A conviction for a first-time DUI under CVC 23152 would subject Helton to imprisonment in county jail for up to 6 months, a fine of up to $1,000, or both fine and imprisonment. In reality, the total fine for a DUI conviction will come close to $2,000 with all of the additional penalty assessments imposed by the court.

Upon being convicted under CVC 23152, the DMV would suspend Helton’s driver’s license for 6 months under CVC 13352. Helton could also face probation under CVC 23600 if he were convicted of a DUI in California. If Helton were placed on probation, his probation would last three to five year and he would have to comply with certain conditions, including the following:

• Do not commit any crimes
• Pay all restitution and other required fees
• Do not drive a vehicle with any measurable amount of alcohol in your system; AND
• You must enroll and successfully complete a driving-under-the-influence program

California DUI Defense Attorney

If you face DUI charges in California, you have too much at stake to not contact the experienced law firm of Wallin & Klarich. The DUI defense attorneys at Wallin & Klarich have a proven record of successfully defending our clients facing DUI charges for over 30 years.

Once you retain us, we will immediately conduct extensive discovery on your case. We will review police reports carefully for any material that could be helpful to your case.
We will tirelessly attempt to negotiate with the prosecutor to have your charges dismissed or reduced; similar to how Helton’s charges were reduced.

If you face DUI charges in California, it is important that you immediately contact Wallin & Klarich to aggressively fight for your rights. Wallin & Klarich have over 30 years of experience successfully defending our clients facing DUI charges. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: DUI Laws, DUI Penalties


What Can Wallin & Klarich Do For Me If I Was Charged With DUI Causing Injury? – CVC 23153
By DUI Defense Attorney on May 15, 2013

You had too many drinks at your friend’s birthday party. On the drive home, you missed a stop sign and collided with another vehicle. The other driver suffered a dislocated shoulder and his passenger suffered a broken leg. The prosecutor is now charging you with a DUI causing injury. You need an experienced Wallin & Klarich DUI causing injury defense attorney to help you get through this difficult situation.

Prosecution of DUI Causing Injury

The prosecutor carries a significant evidentiary burden to prove a DUI causing injury. To convict you of a DUI causing injury, the prosecutor must prove the following four elements:

1. You actually drove the vehicle (you cannot be convicted if you did not operate the vehicle at the time of the incident)

2. You were was under the influence of an alcoholic beverage or drug when he or she was driving the vehicle (a drug is any substance or combination of substances that may affect your nervous system, brain, or muscles and impair your driving ability)

3. You committed an illegal act or neglected to perform a legal duty (“ordinary care” requires you to use reasonable care in order to prevent reasonably foreseeable harm to another individual); AND

4. Your illegal act or failure to perform a legal duty caused bodily injury to another person. (You “cause bodily injury to another person” if his or her injury is the direct, natural, or probable result of your act. Without your act, the injury would not have happened.)

If your blood alcohol content (BAC) was 0.08 at the time of the chemical test and taken (within 3 hours of driving), there is a rebuttable presumption that you had a BAC of 0.08 at the time of driving.

Defenses to DUI Causing Injury

The experienced DUI causing injury attorneys at Wallin & Klarich can raise a number of successful defenses on your behalf. These may include:

You were not driving the vehicle

If you can prove that you were not driving the vehicle at the time of the incident, then you cannot be convicted of a DUI causing injury.

You were not under the influence

A Wallin & Klarich DUI defense attorney can refute the officer’s testimony of symptoms that indicate intoxication such as bloodshot eyes, slurred speech, and smell of alcohol by providing alternative reasons for these aforementioned symptoms.

No injury

If there is no bodily injury to another person as a result of your actions, you cannot be convicted of a DUI causing injury under California Vehicle Code 21353.

Improper Testing Procedures

For example, our DUI defense attorneys can show that the breathalyzer used to administer the chemical test was not properly re-calibrated.

Probable Cause

The DUI causing injury defense attorneys at Wallin & Klarich can examine whether the police officer had probable cause to stop you for a DUI. If the officer did not have probable cause, the traffic stop will likely be considered unlawful and any subsequent evidence obtained during the stop may be suppressed at the trial.

DUI Causing Injury Defense Attorney

If you are facing a charge of DUI causing injury, you should contact the Law Offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI causing injury cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and utilize all available defenses in order to provide you with the best opportunity to win your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. To inquire about your case, please call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: DUI Laws


I Am Charged with Hit and Run while Driving Under the Influence (CVC 20001-20002)
By DUI Defense Attorney on May 14, 2013

You are intoxicated after consuming several cocktails during the “happy hour” at your favorite restaurant. While driving home, the driver ahead of you brakes abruptly and causes you to rear-end his vehicle. You realize that you are intoxicated and fear the eventual consequences, so you decide to continue driving without first pulling over. Now you are being charged with a hit and run while driving under the influence. You need to contact an experienced Wallin & Klarich DUI hit and run defense attorney immediately to assist you with this serious matter.

Prosecution of a Hit and Run Charge

To establish the elements of a “hit and run” charge, the prosecution must prove the following three things:

1. You were actually involved in a vehicular accident while driving

2. The vehicular accident caused the death or permanent serious injury of someone else; AND

3. You knew that you had been involved in an accident that injured another person or knew that it was probable that another person had been injured based on the nature of the accident

The prosecution also carries the evidentiary burden of proving that you failed to comply with the following three legal duties:

1. Stop at the scene of the accident

2. Provide reasonable assistance to any injured person in the accident; AND

3. Provide the other driver, any passengers, and any police officers at the scene of the accident with your name, current residential address, and vehicle registration number

If the hit and run did not result in death or bodily harm, you may still be liable for any property damage resulting from your actions. The prosecution must prove the following elements:

1. You were actually involved in a vehicular accident while driving

2. The accident caused damage to someone else’s property

3. You knew that you had been involved in an accident that caused property damage or knew that there was a probability of property damage based on the nature of the accident; AND

4. You willfully failed to stop at the scene of the accident and provide your name, current residential address, and vehicle registration number to the owner or a police officer

Defenses to a Hit and Run Charge

The skilled California hit and run attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients charged with a hit and run while driving under the influence. Our attorneys can help you raise a number of defenses to help you win your hit and run case. Below are a few examples.

No Knowledge of Property Damage

If you were unaware that any property damaged resulted from the accident, you may have a valid defense to a hit and run charge under CVC 20002.

No Death or Serious Injury

If death or serious permanent injury did not result from the accident, then you are not liable under CVC 20001. You may still be liable under CVC 20002 if property damage resulted from the accident.

No Opportunity to Give Reasonable Assistance

For instance, if you were rendered unconscious from the accident, then you would not have an opportunity to provide reasonable assistance. Therefore, you may not be guilty of a hit and run.

California DUI Attorney

The experienced California DUI attorneys at Wallin & Klarich have been successfully defending clients charged with DUI hit and run for over 30 years. Due to our decades of experience, we can help you raise any legal defense to an accusation of DUI hit and run. We will aggressively defend you from the first day you retain our office to help you stay out of jail. When you are accused of a hit and run while driving under the influence, there is too much at stake to entrust your legal representation to anyone other than an experienced Wallin & Klarich DUI defense attorney.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

Posted in: DUI Laws


DUI Charges in California – CVC 23152
By DUI Defense Attorney on May 13, 2013

NBC Sports reports that Cleveland Browns defensive end Armonty Bryant was charged in Oklahoma with misdemeanor DUI on Tuesday May 7, 2013. Bryant was arrested on May 3, 2013. According to the police report, he had a blood alcohol content of 0.098. Bryant must pay $1,136 in fines and court costs. His sentence includes mandatory listening to a victim’s impact panel on the dangers of drunk driving.

Prosecution of DUI

Being charged with a DUI is not a joke; it is a very serious matter. If Bryant was charged in California under similar circumstances, in order to convict him the prosecution would have to prove that when he drove a vehicle, either of the following situations applied:

• He was under the influence of an alcoholic beverage and/or drug to the extent that his mental or physical abilities were so impaired that he no longer was able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

• His blood alcohol level was 0.08 percent or more.

Punishment for DUI if Convicted

Punishment for a DUI in California is among the most severe in the nation. If Bryant was convicted for a first-time DUI under CVC 23152, he could be punished by imprisonment in county jail for up to 6 months, and fined up to $1,000. Upon being convicted under CVC 23152, the DMV would suspend his driver’s license for a period of 6 months under CVC 13352.

Most people convicted of a California DUI are put on probation. DUI probation allows those convicted of a DUI to avoid incarceration if they meet certain conditions. Under CVC 23600, if Bryant were put on probation, his probation would include the following, among other things:

• A probationary period of three to five years

• A requirement that he not drive a vehicle with any measurable amount of alcohol in his system

• A requirement that if he were to be arrested for a second DUI, he not refuse to submit to a blood, breath or urine test, for the purposes of determining the alcohol content in his system

• A requirement that he enroll and successfully complete a driving-under-the-influence program

California DUI Attorney

If you face DUI charges in California, you should immediately contact the experienced California DUI attorneys from Wallin & Klarich. Wallin & Klarich has successfully defended clients facing DUI charges for over 30 years. Our many years of experience allow us to provide an aggressive DUI defense that oftentimes results in our clients cases being dismissed or reducing the charges.

If you retain us, we will at once review the police report regarding your arrest line by line. We will then get a complete statement from you about the circumstances surrounding your arrest. This careful fact-gathering will allow us to prepare the most effective defense strategy relevant to your specific case to help you avoid jail time.

You don’t have to be a world class athlete like Armonty Bryant to secure a top quality DUI defense. If you face DUI charges in California, contact Wallin & Klarich to fight for your rights. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: DUI Laws, DUI Penalties


Can I Turn Around If I See A Sobriety Checkpoint Set Up Down The Road?
By DUI Defense Attorney on May 8, 2013

Believe it or not we have good news. The answer is YES, so long as you do not commit a moving violation by doing so. When police agencies decide to set up sobriety checkpoints they must do two things.

First they must send out notifications to the general public telling the public where and when the checkpoints will take place. Second, they must set up the check points in a manner where if a driver sees a checkpoint they can legally avoid going through the check point by driving their vehicle in another direction.

Can Police Stop Me for Turning Around

The answer is NO unless they are stopping you for a violation of the law. This means if you make a legal turning movement to avoid the checkpoint the police cannot stop your vehicle. However, if you have a warrant for your arrest, or expired tags or commit any other traffic violation then the police can stop your vehicle lawfully. If after stopping you they “suspect” that you are under the influence of alcohol they can ask you to perform tests to determine if they believe you are driving under the influence.

If the police stop your vehicle because you intentionally avoided a checkpoint your experienced DUI defense law firm can bring a motion to have your case dismissed. If the judge believes that the only reason the police officers stopped you was because you did not choose to go through the checkpoint procedure then your case will likely be dismissed.

California DUI Lawyer

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.


Rules Concerning Sobriety Checkpoints in California (CVC 23152)
By DUI Defense Attorney on May 6, 2013

Have you found yourself in a scenario in which you are driving home and notice that ahead of you there is a sobriety checkpoint set up? What are you required to do by law?

Law Regarding Sobriety Checkpoints

The landmark DUI California Supreme Court case Ingersoll v. Palmer (1987) 43 Cal.3d 1321 provides the rule that law enforcement and drivers must follow regarding sobriety checkpoints. First, Ingersoll provides that supervising officers, not field officers, must set the ground rules of where, how and when the checkpoints will operate. Ingersoll also provides that sobriety checkpoints must be reasonably located.

This means that safety must be considered in choosing the appropriate location. This also means that checkpoints must be placed in locations that have a high rate of alcohol related accidents and/or arrests. Sobriety checkpoints must be publicly advertised prior to when they are set up and be located in a highly visible area.

A sobriety checkpoint must be set up so that you have the opportunity to drive away from the checkpoint if you do not wish to stop. You cannot be stopped just because you avoided the checkpoint. Rather, your stop must be justified on other grounds, including a traffic violation or driving in a way that displays obvious signs of intoxication.

Punishment Arising Out of a Sobriety Checkpoint

The punishment for a DUI is equally severe whether you are stopped at a sobriety checkpoint or not.

If convicted for a first-time DUI under CVC 23152, you will be imprisoned in county jail for up to 6 months, and will fined from $390 up to $1000. The actual fine with all penalty assessments will come to close to $2,000 in most courts in California.

If convicted under CVC 23152, the DMV will suspend your driver’s license for 6 months, pursuant to CVC 13352.

Further, if you are convicted under CVC 23152 or CVC 23153 and are put on probation, it will last from 3 to 5 years. During this time you will be required not to drive with any measurable amount of alcohol in your system. Per your probation, you will be required to complete a “driving under the influence” program.

California DUI Defense Attorney

If you are charged with a DUI as a result of being stopped at a sobriety checkpoint, contact Wallin & Klarich for DUI defense. Wallin & Klarich is well-versed in the legal intricacies of sobriety checkpoint and DUI law. After examining your case, Wallin & Klarich may be able to have the charges against you dismissed. Perhaps the checkpoint was not set up properly according to the Ingersoll decision. Perhaps the only reason you were stopped was because you avoided the checkpoint. Depending on your situation, your California DUI defense attorney may have your charges dismissed or significantly reduced.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: DUI Laws


How can a Wallin & Klarich Attorney Assist Me if I Face DUI Charges in Ventura? (CVC 23152)
By DUI Defense Attorney on May 3, 2013

The punishment for a DUI  in Ventura may vary depending on the circumstances but can be quite severe. If convicted for a first-time DUI under CVC 23152, you will be imprisoned in county jail between 96 hours and up 6 months, and will be fined from $390 up to $1000. The actual total fine including all penalty assessments will be very close to $2000.

If convicted under CVC 23152, the DMV will suspend your driver’s license for 6 months, pursuant to CVC 13352.

Further, if you are convicted under CVC 23152 or CVC 23153 and are put on probation, it will last from 3 to 5 years. During this time you will be required not to drive with any measurable amount of alcohol in your system. You will also be required to complete a “driving under the influence” program.

A second DUI conviction can have a harsher punishment, including up to a year in county jail and a fine of up to $1000, pursuant to CVC 23452.
As these potential dire consequences suggest, it is essential that you have the best legal representation possible when facing DUI charges.

Prosecution of a DUI in Ventura

In order to convict you of a DUI under CVC 23152, the prosecutor must prove the following two elements:

• You drove a vehicle, and

• Either

When you drove, you were under the influence of alcohol and/or drugs such that you were unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances CVC 23152(a); OR

When you drove your blood alcohol level was 0.08% or higher CVC 23152(b)

Ventura DUI Attorney

Wallin & Klarich is well-versed in the intricacies of DUI law and can aggressively defend you. In many cases, your charges could be dropped completely, or your punishment lessened. A Ventura DUI attorney from Wallin & Klarich  can always raise a number of defenses on your behalf.

For example, perhaps your blood alcohol level (BAC) does not rise to the level of “under the influence”. There is a rebuttable presumption that you were not under the influence if your blood alcohol level (BAC) was less than 0.05%. This means that the prosecution must present evidence other than your BAC to prove that you were “under the influence”. The prosecution’s job to convict you is made harder in this situation. Also, an experienced Ventura DUI attorney can closely examine the results of your breathalyzer test. If the test was not conducted properly, the test results may not be used against you in court.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges in Ventura and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Ventura, Los Angeles, San Diego, Riverside, San Bernardino, Orange Cunty, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

Posted in: DUI Defense


Can I Refuse A Field Sobriety Test In San Bernardino?
By DUI Defense Attorney on May 1, 2013

If you drive a motor vehicle, by law you are consenting to chemical testing of your blood or breathe in order to determine your blood alcohol level. If you are lawfully arrested for driving under the influence of alcohol, you have the choice of how you will be tested, either through a blood or breathe test. The arresting officer must inform you of that choice.

Consequences of Refusing a Field Sobriety Test

Refusing to take a field sobriety test in San Bernardino will result in the following severe punishment:

• A fine of $125 (Vehicle Code 14905)

• Imprisonment if you are convicted of a DUI; AND

• Either of the following

o Suspension of your driver’s license for 1 year
o Revocation of your driver’s license for 2 years if you refused to take a sobriety test within 10 years of a prior DUI or reckless driving conviction; OR
o Revocation of driver’s license for 3 years if you refused to take a sobriety test within 10 years of two or more separate DUI, reckless driving, or vehicular manslaughter convictions, or if your driver’s license has been suspended/revoked two or more times for separate offenses

California DUI Defense Attorney

An aggressive and knowledgeable California DUI defense attorney can help lessen or entirely avoid the severe consequences that could result from a charge of refusing to take a field sobriety test. Wallin & Klarich is aware of the many conditions that must be met before you can be punished for improperly refusing to take a sobriety test and can often raise viable defenses so your criminal liability is reduced or eliminated. For example, if you were unlawfully arrested, the charges may be dropped altogether.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in San Bernardino, Orange County, Los Angeles, San Diego, Riverside, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.


At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

California DUI Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

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