2010 February Archive

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.

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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.

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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.

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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.

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San Diego 10 News reported on the arrest of William Carroll, a fan attending a San Diego Chargers football game on January 17, 2010. Carroll was removed from the stadium by police, taken to jail, and booked on suspicion of being drunk in public and resisting arrest. An off-duty police officer who was sitting in the same section as Carroll during the game reported his alleged disruptive behavior and drunkenness to police. Police came to the section and they reported that they had to forcibly take him into custody after he refused their requests to come with them. Some fans in the section sided with Carroll and Carroll has denied all allegations. 49 people were arrested at the stadium during the course of the game.

Under California Penal Code 647 (f), it is a misdemeanor for any person to willfully drink alcohol or consume drugs in a public place, and as a result, place him or herself in a condition where he or she is unable to exercise care for the safety of himself or herself, or for the safety of others. The person can also be guilty of this crime if he or she is drunk in public, and that person is interfering or obstructing the free use of sidewalks and other public ways. A public place is considered to be any place that is open and accessible to anyone who wants to be there. Penalties can include probation, jail time, and/or fines.

It is important that you contact a criminal defense attorney if you or a loved one is charged with being intoxicated in public. At Wallin and Klarich, our Southern California drunk in public defense attorneys have over 30 years of experience in handling all types of criminal matters, including alcohol-related matters. Our criminal defense attorneys will work aggressively to provide you with the best possible result in your case. We will walk you through the whole process and fully inform you every step of the way. Contact us today at 888-764-2615 or visit us on the internet at www.wklaw.com. We will be there when you call.

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If you have been cited or arrested for DUI in California, it is important to know that you must request a DMV hearing within 10 days. If you fail to request a DMV hearing, you will lose the right to contest the DMV’s suspension of your license. California Vehicle Code Section 13558 sets forth the 10-day rule. When you are cited or arrested for DUI in California, you are usually given a notice that states that your license will be suspended by the DMV and that you have 10 days to request a hearing with the DMV. Oftentimes, people fail to read this important paperwork until it’s too late and their license is already suspended.

If you have been arrested or cited in Southern California for a DUI-related offense, you should immediately contact an experienced criminal defense attorney familiar with DMV procedures. The criminal defense attorneys at Wallin & Klarich have been handling DUI and DMV matters for more than 30 years and know what to do to make sure your rights are protected. Contact Wallin & Klarich today at (888) 764-2615 for a free evaluation of your case and visit us on the web at www.wklaw.com.

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According to ESPN, Cincinnati Bengals linebacker Rey Maualuga will check into the Betty Ford Center in Rancho Mirage, Calif., later this month for at least 30 days following his DUI conviction.

Maualuga, who may be better known for playing football at USC, plead guilty to drunken driving in Kentucky on February 2, 2010. Maualuga was arrested after police said he hit a parking meter and two parked cars.

Maualuga has had a troubled past with alcohol. As a freshman at USC in 2005, Maualuga was arrested for a misdemeanor battery in an alcohol-related incident. The charges were dismissed after he participated in a diversion program that included Alcoholics Anonymous.

If you or a loved one is charged with a DUI, it is critical that you talk to a criminal defense attorney. The consequences of a DUI are serious and may affect your employment or future employment. At Wallin & Klarich, our attorneys have over 30 years of experience defending drunken driving charges. Our attorneys will provide you with an aggressive defense and help you get the best possible result for 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.

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In California, it is a crime to operate a vehicle while under the influence of drugs or while your blood alcohol level is equal to or greater than .08 percent (California Vehicle Code Section 23152). If convicted of a violation of Section 23152, you can face a fine up to $1000 and jail time up to six months. However, the judge has the option to grant probation instead of jail time. As a condition of the probation, you will not be able to operate a motor vehicle at any time with a blood alcohol concentration of .01 percent or greater as measured by a preliminary alcohol screening test or other chemical test (California Vehicle Code Section 23154).

Section 23154(c) of the California Vehicle Code states that a person who is on probation for a violation of Section 23152 or 23153 (both DUI sections) who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person. In other words, if you are on probation for a DUI and pulled over on suspicion of driving under the influence, you do not have a right to refuse a breathalyzer or other chemical test—you are deemed to have consented. If you still refuse to take a breathalyzer or other chemical test, your license could be suspended or revoked for anywhere from one to three years.

A DUI is a serious offense in California, and the state has instituted laws to ensure that the penalties are high for repeat offenders. If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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In California, it is a crime to operate a vehicle while under the influence of drugs or alcohol. The legal limit alcohol (measured in a percentage of blood alcohol content) is .08 percent. California Vehicle Code Section 23152(b) states that 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. However, Vehicle Code Section 23152(a) states that 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 practical meaning of Section 23152(a) is that law enforcement does not have to prove that you are under the influence of drugs or narcotics until after they have pulled you over and formed a reasonable suspicion that you may be driving under the influence. It is easier for law enforcement to form a reasonable suspicion that you are under the influence of alcohol and the reasonably reliable breathalyzer test is a quick way to prove it one way or the other. However, in determining if you are under the influence of drugs or narcotics, law enforcement may not be able to readily determine what kind of drug or narcotic you may be under the influence of.

Law enforcement will usually look for side effects of drugs or narcotics to form their reasonable suspicion that the driver may be under the influence. Some common indicators are droopy eyes, bloodshot eyes, slurred speech, and slower motor skills. If officers “notice” any of these signs, they may ask to perform a field sobriety test or may even arrest you on the spot—without actual proof that you are under the influence of drugs or narcotics. Law enforcement can even arrest you for being under the influence of prescription drugs if they feel that the drugs are impairing your driving ability.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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Allison Ross, who was once an anchorwoman at KFMB-TV from 1978 to 1989 and with KNSD 7/39 for two years in San Diego, was arrested and is facing misdemeanor DUI charges. She was arrested by her home in La Jolla after police observed her driving on the wrong side of the road. San Diego 10 News also reported that police had Ross perform a field sobriety test after pulling her over. She was taken to Las Colinas women’s jail in Santee.

It is important to understand your rights when you have been pulled over by police for a suspected DUI charge. You will be required to furnish the police with your driver’s license, proof of insurance, and proof of registration. However, know that you are not legally required to participate in field sobriety tests as did Ross in the story above. You can legally refuse to do them. In order for a field sobriety test to be admissible in court, it must be done voluntarily. You should never participate in any of these tests without consulting an experienced San Diego DUI lawyer.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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