2010 March Archive

A conviction for driving under the influence has severe consequences. Not only can a DUI subject you to criminal penalties, but a conviction for drunk driving can drastically affect your lifestyle. It is critical that you speak with an experienced DUI attorney.

The majority of California workers rely on their personal transportation to get to work. A license suspension or other element of a DUI charge can put a current job in jeopardy or make looking for another job difficult. A DUI conviction can result in a suspended license, ignition interlock devices installed in your car, traffic school requirements, or other court orders that can delay the reinstatement of an individual’s license to drive. In addition, some types of employers have a policy of terminating employees for a single drunk driving offense. Some of these jobs include positions in local school districts or civil service jobs.

A person with a DUI may also have to report DUI convictions to future employers. Drunk driving convictions can create a stigma that discourages employers from considering an application. This liability may be greater in some types of industrial jobs where intoxication can be a serious issue, for example, in operating heavy machinery.

Statistics on Southern California drunk driving charges are staggering. Many thousands of residents in this area incur alcohol-related traffic violations and DUI convictions each year, and a high percentage of this community repeats the offense. With harsh penalties, and even harsher penalties for repeat offenders, it is important to consult an experienced Riverside DUI attorney. A DUI attorney will inform you of all of your options for minimizing the potential jail time or other severe penalties. The attorneys at Wallin & Klarich are highly experienced in handling DUI cases and will analyze the facts of your case and explain to you your options in detail. Our attorneys will also actively engage with the court system for the best chance at a speedy reinstatement of the defendant’s driving privileges.

If you or a loved one is facing a DUI charge, you can rely on the skilled California DUI defense lawyers at Wallin & Klarich. In helping those accused of crimes for over 30 years, Wallin & Klarich can guide those arrested for DUI as they figure out exactly what pending charges represent, what their legal consequences are likely to be, and how to minimize the damage. Wallin & Klarich can provide opinions on limiting legal liability. They can also guide defendants through the precise restrictions around their DUI to get a license reinstated earlier through hearings in state and municipal courts. Our DUI lawyers will help you argue your case before a judge for the best possible result. For more information about how the attorneys at Wallin & Klarich can help you, please call 888-764-2615 or visit www.wklaw.com. We will be there when you call.

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The city of San Diego is the ninth largest city in the United States and is nestled along the Pacific Ocean in Southern California. The area of San Diego has been inhabited for more than 10,000 years by the Kumeyaay Indians, and is a major cultural hub on the West Coast.

Although San Diego is regarded as a particularly safe community, driving under the influence (DUI) stops and arrests are common. Someone accused of DUI in San Diego will need the help of an experienced San Diego DUI defense attorney. When charged with DUI in San Diego, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled San Diego 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.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence in San Diego and are prepared to study every aspect of your case. Our DUI defense San Diego attorneys will zealously represent you in court and at your DMV hearing to help save your license. Our DUI 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 case evaluation at 1-888-764-2615 or visit us at www.wklaw.com. We will be there when you call.

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In recent years, Super Bowl Sunday has become notorious for being the number one day for drunk driving-related incidents in California. In 2009, 11 people were killed and 163 people were injured in drunk driving accidents on Super Bowl Sunday. These figures are three and two times the normal daily average for the state. For the 2010 Super Bowl, county-wide police forces throughout California decided to increase its DUI patrols and checkpoints to prevent these accidents. Large concentrations of police in patrol areas and checkpoints are known as “saturation patrols,” and they are made to deter any potential criminal activity in areas where crime might occur. Nevertheless, in Orange County alone, more than 40 arrests for DUI were made during Super Bowl Sunday for 2010.

In California, a DUI conviction can result in a jail sentence, thousands of dollars in fines, and a license suspension. Multiple convictions will significantly increase these punishments.

If you or a loved one has been arrested for a DUI, contact our experienced San Diego DUI attorneys at Wallin and Klarich as soon as possible. Our knowledgeable and skilled San Diego DUI attorneys can help you through the complex court system surrounding DUI charges. Our attorneys will ensure that your rights are protected and that you understand the options available to you. Contact us today to begin working on your DUI defense. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.

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It was recently reported that police in Illinois arrested Betty Burden, a school bus driver, for felony DUI. Police reported that Burden was pulled over while she was operating a school bus and had a blood alcohol concentration of 0.226, which is nearly three times the legal limit. More importantly, Burden was pulled over after having just dropped off 50 elementary school children ranging in ages from 5 years old to 12 years old.

Just like in Illinois, California punishes individuals who drive under the influence. Under California Vehicle Code section 23152(a), it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Therefore, if you are driving a vehicle and are pulled over by a police officer with a blood alcohol concentration of 0.08 or higher, you will be arrested with a DUI.

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving, especially for those who need their driver’s license as a condition of their employment. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

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Often times when people are charged with DUI in California, the stories of their encounters with law enforcement sound eerily similar. They usually sound something like this:

“I was pulled over by the CHP around 1:30am—the cop said I was swerving out of my lane (but I really wasn’t because I knew he was behind me.) He asked if I had been drinking and I said I had 2 drinks. He asked me to get out of the car so he could perform some tests. I felt like I passed the tests and then he told me he had one more test for me then I could be on my way…”

This is the moment of truth. At this point the officer pulls out a small, handheld breath device called a Preliminary Alcohol Screening device, or a “PAS.” The PAS is often the final California field sobriety test used by police officers and the result of this test will often determine whether the officer will make an arrest or allow a person to go on his or her own way. There are many times when an officer has already made up his or her mind to arrest somebody well before the PAS test is given. These are typically cases where the person is clearly intoxicated. However, in close cases where the officer is uncertain of whether or not he or she will make a DUI arrest, the results on the PAS test will often dictate whether an arrest is made. If the PAS results are .08 or higher, an arrest will almost certainly be made. If it reads .06 or .07, there is still a very strong chance that the officer will make an arrest. If it reads .05 or less, assuming the person is over 21 years old, the officer is much less likely to make an arrest.

It is important to understand that the PAS test is optional and the officer is supposed to tell you that it is optional, though many times they don’t. If you or a loved one is facing a DUI charge in California, don’t hesitate to contact the knowledgeable and aggressive attorneys at Wallin & Klarich for a consultation. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

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It was recently reported that GOP State Senator Roy Ashburn was arrested on suspicion of driving under the influence (DUI). Senator Ashburn represents the 18th district of California, which includes Kern, Tulare, Inyo, and San Bernardino counties. Police pulled Ashburn over in Sacramento around 2:00 A.M. During their investigation, it was determined that Ashburn’s blood alcohol content was 0.14 percent, 0.06 percent above the legal limit of 0.08. Ashburn was subsequently arrested for drunk driving. The state-issued car Ashburn was driving at the time of his arrest was also impounded.

Under California Vehicle Code section 23152(a) it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Ashburn will likely be charged with a violation of both Vehicle Code sections 23152(a) and 23152(b).

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

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It was recently reported that Vincent Jackson, wide receiver for the San Diego Chargers football team, pled guilty to his second driving under the influence (DUI) offense. Jackson was pulled over and cited for DUI in January of this year. Jackson was sentenced to five years probation, four days in jail, a $2,408 fine, 10 days of community service, mandatory attendance in a MADD (Mothers Against Drunk Driving) class, and involvement in the state’s multiple conviction program, which lasts at least 18 months.

Driving under the influence (DUI) charges are regulated under California Vehicle Code Section 23152. Driving under the influence is normally charged as a misdemeanor (though DUI can be charged as a felony if someone is injured in the crime). A second DUI conviction in 10 years results in an extremely harsh sentence. Very few misdemeanor convictions carry a mandatory jail sentence. While the minimum jail sentence is four days, some judges impose a harsher jail sentence, including 30, 60, and even 90 day jail sentences.

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 for more information. We will be there when you call.

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How An Experienced Southern California DUI Attorney Can Help You – California Vehicle Code 23152 (a)

It was recently reported that Riverside Police Chief Russ Leach resigned his post following a late night car accident. Leach hit a fire hydrant and continued to drive on until Riverside police pulled him over a few miles from the accident. At the time, Riverside police did not give Leach any type of field sobriety test (FST) and they did not issue any charges for suspicion of driving under the influence (DUI). However, Leach was at a local strip club drinking prior to the crash and Leach also stated that he was on prescription medication at the time of the accident. Leach stated he doesn’t remember the accident and “was disoriented on prescription drugs before the crash.” Leach claimed the prescription drugs were for a back injury.

Under California Vehicle Code 23152 (a), DUI charges are filed against someone who is driving under the influence of alcohol, drugs, or both. You can also be found to be under the influence of the prescription drugs. If you have a prescription, you should check with your doctor, pharmacist, or medication instructions to see whether it is acceptable to drive after taking the medication. DUI is a serious misdemeanor offense. If convicted, a defendant can be sentenced to fines, probation, license suspension, and possibly jail time.

The aggressive Southern California criminal 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 for more information. We will be there when you call.

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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.

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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.

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