2010 April Archive

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.

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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.

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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.

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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.

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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.

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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.

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