2011 July Archive

Many people unaware or misinformed about what they’re rights are when they find themselves as the focus of a DUI investigation in California.    Many people believe they have a right to refuse to submit to a breath test.  The answer to this question can be yes OR no.  It depends on the situation and it is important to know that a refusal in the wrong situation could have very serious consequences on your driver’s license and potential DUI case.  If you are facing a DUI case in Riverside California you should immediately consult with an experienced Riverside criminal attorney.

Preliminary Alcohol Screening Breath Test

A preliminary alcohol screening (PAS) test is a test that you can absolutely refuse to take unless you’re under 21 or are on DUI probation.  If you’re under 21 and refuse you are facing a mandatory 1-year suspension of your license.  If you’re on DUI probation and refuse this test you could face a probation violation in court.  If you’re over 21 the officer is supposed to read you an advisal that the PAS test is voluntary but they rarely do. It is usually a handheld device that is administered at the roadside.  This test is usually the last test the officer gives before arresting someone for DUI.  An experienced Riverside criminal attorney should be consulted by anyone under 21 or who is on DUI probation and is facing charges relating to a refusal to submit to a PAS

Chemical Breath Test

California has an “implied consent” law which means that if you drive a vehicle in California then you have impliedly given your consent to have your breath, blood, or urine tested if you are arrested for DUI and a refusal to take a breath or blood test can result in a one year suspension of your license.   The officer by law is supposed to tell you that you have a choice of a breath or blood test.  If you initially refuse to take either test after the officer properly advises you then you are facing a one year suspension of your license.  This is true even if you change your mind and voluntarily submit to a breath or blood test later on.  It is very important to know that courts have found forced blood draws to be constitutional in California and the cops will force blood from a DUI arrestee in most cases where there is a refusal and the person is still facing a one-year suspension.

If you have been accused of DUI in Riverside County, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklawdui.com. We will be there when you call.

There are many different types of circumstances surrounding DUI arrests and many people are unsure what they should do after they’ve been arrested for DUI in Los Angeles.  Most DUI arrests take place after an officer observes the individual driving, pulls them over, conducts tests, and arrests them.  There are also many situations where the officer does not actually observe the individual driving but comes into contact with the person after the fact.  The individual facts and circumstances surrounding your individual case should be discussed with an experienced Riverside criminal defense attorney before you appear in court or decide to plead guilty.

There are two types of evidence that a prosecutor can use to prove you were driving in a DUI prosecution; direct evidence and circumstantial evidence.  Direct evidence would be if the officer personally saw you driving or if another person could testify that they actually saw you driving.  Circumstantial evidence of driving would include any other facts or circumstances that would support the preposition that you were driving.  Examples could include the fact that you were in the driver’s seat of the vehicle when the officer made contact with you or that you were alone in the vehicle on the side of the freeway and the engine was still warm when the officer arrived on the scene.  It is important to understand that you can be convicted of DUI based on circumstantial evidence alone even if nobody observed you driving prior to your DUI arrest.

While circumstantial evidence alone could be sufficient to convict someone of DUI it certainly could make it more difficult for the prosecution to prove their case if nobody observed that person driving.    If you have been accused of DUI in Riverside County, you will need an experienced riverside criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

YES. You absolutely can fight and successfully defend against a Riverside DUI allegations even if your blood alcohol content was over the legal limit in California (.08%). The fact that you passed or performed well on the field tests given at the scene is extremely important and relevant in your defense. Your DUI defense attorney will able to use your ability to pass the field sobriety tests at your DMV hearing to save your license and in court when speaking with the prosecutor and presiding judge.

Field Sobriety Tests are often a critical part of the evidence in a DUI case, both at the DMV and in criminal court.  Field sobriety tests are not easy for everyone. In fact, these tests are extremely difficult regardless of one’s blood alcohol content (BAC). Fatigue, lack of coordination and stress are just of few of the many reasons to explain why someone may not perform well. Most field sobriety tests have numerous requirements. Despite the complexity of many of the instructions, the tests are often explained and demonstrated only once, and in as little as ten to fifteen seconds. The suspect is then expected to have an instant retention of the instructions.

Your defense attorney will be able to emphasize your excellent performance on the most difficult tests. This can be used to support the argument that any alcohol you had in your system did NOT impair your physical ability to perform these difficult and complicated coordination tests.

It is important to under stand that your .08% alcohol level is not the only factor in the fight against a DUI conviction. Numerous other critical factors, including your performance on the field sobriety tests, must be considered and argued by an aggressive DUI defense attorney.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive.  If you or a loved one have been accused or charged with DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.