2011 October Archive

The law is clear. You are not required to submit to the “PAS” test when the police originally stop you and suspect you of driving under the influence. This is the test where the officers have a “hand held” device and ask for you to blow into it to obtain a reading as to your blood alcohol level. The only test you are required to take (or you could lose your driving privilege for one year) is the chemical test that the police ask you to take at the station.

Troy Thomas was stopped by the police, who thought he was likely driving under the influence. They asked him to blow into the machine at the scene and he consented. It turned out that he was not in fact under the influence and so they let Mr. Thomas go free. He thought he was a lucky man. Think again. The police then used the saliva that they had obtained from Mr. Thomas during the breath test and submitted it to DNA testing. This DNA testing linked Mr. Thomas to two felony burglaries of homes in the area. This then led to Mr. Thomas being accused of six first degree burglaries which carry up to six years in prison for each offense.

Mr. Thomas, through his lawyers, argued that the use of his saliva from the “PAS” test was in violation of his constitutional rights and was in fact an illegal search. Among other things his lawyers argued that he retained “ownership” of his saliva and he did not consent to his saliva being used for any purpose other than to be used to obtain a possible result for which he was stopped, a possible DUI.

Unfortunately the court, in People vs. Thomas, decided that there was no violation of Mr. Thomas’s rights as he had no expectation of privacy in his saliva once he had blown into the PAS device.

The moral of this story is simple. Keep your mouth shut and do not submit to any tests that are not required by law. Mr. Thomas must have thought that he was not under the influence and so he consented to the PAS test. However, when he did he exposed his “DNA” to police for further investigation which was a very costly error. The “cost” for this one breath test could be as many as 36 years in prison for Mr. Thomas.

Wallin and Klarich has been helping people accused of DUI offenses and all crimes for over 30 years. We know the law cold. What that means is we can protect you when you are facing criminal charges. Call us toll free at 877-466-5245 or go to wklaw.com for more information. We will be there when you call.

Did you find this blog helpful? Leave us a comment and let us know.

Use Facebook to Comment on this Post

If a person is convicted of driving on a suspended license, and the suspended license resulted from a driving under the influence offense, the person will be required to install an interlock device on their vehicle for up to three years.

In California, driving under the influence is codified under California Vehicle Section 23152. This code section states that a person is guilty of driving under the influence if they have drugs and/or alcohol in their system, or if they have a blood alcohol level of .08 or greater.

If you are convicted for knowingly driving on a suspended or revoked California driver’s license due to a driving under the influence conviction under California Vehicle Code Section 14601.2, the Department Of Motor Vehicles will require the driver to install an interlock devise on their vehicle for up to three years.

An ignition interlock device is a mechanism is like a breathalyzer, installed to a motor vehicle’s dashboard. Before the vehicle’s motor can be started, the driver first must exhale into the device; if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration – usually 0.02% or 0.04% – the device prevents the engine from being started.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced Orange County DUI attorney like the ones a Wallin and Klarich. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Did you find this blog helpful? Leave us a comment and let us know.

Use Facebook to Comment on this Post

The standard punishment for a first time DUI can vary greatly from county to county and can even vary significantly between different courthouses within a single county. The vast majority of DUI cases filed in Riverside County are filed in the Southwest Court and downtown Riverside Court, and the punishments are imposed in those two courthouses for a “standard” first DUI. A standard first DUI means that there was no traffic collision and that you’re blood-alcohol level was below .15%. If there was a traffic collision or were above .15% then the punishments will be increased.

If you plead guilty to a standard first DUI in Riverside or Southwest courts, the typical punishment would include 3 years of informal/summary probation, which means unsupervised probation and no probation officer to report to. The fines and fees would add up to approximately $2,250 total, which can usually be paid at a rate of $50/month after paying an additional $50 administrative fee. You will be required to attend and complete a 16 week DUI course which also requires you to attend a number of Alcoholics Anonymous meetings. The court will notify the DMV of the conviction and you will suffer a six-month suspension of your license. Finally, you will be ordered to serve 6 days in county jail which can be completed as straight time behind bars, through the work release or Sheriff’s labor programs, or via house arrest. This is the standard punishment for a garden-variety, first-time DUI in Riverside. Pretty harsh. If you have priors DUI convictions, were involved in a collision, or had a blood alcohol content of .15% or higher the penalties get even worse.

If you have been accused of DUI in Riverside County, you will need an experienced Riverside DUI 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.

Use Facebook to Comment on this Post

An Orange County Man was sentenced last week to almost 20 years to life in prison for killing a woman while driving impaired Valentine’s Day 2010.  A jury convicted twenty-four-year-old, Gustavo Adrian Vega of second-degree murder. He was also found guilty of one count of felony hit-and-run resulting in death and one count of possession of cocaine.

Back in 2006, Vega was convicted of DUI and at that time was warned in court that if a future drunken driving crash resulted in someone being killed, he could be charged with murder.  Vega was driving on Flower Street in his vehicle which ran a red light and hit another vehicle. The victim, who was a passenger, died at scene.  A DUI can be raised to a second degree murder charge if there has been a prior conviction for DUI. A second degree murder charge carries with it a 15 years to life prison commitment. 

Are you or a loved one being charged with second degree murder as a result of a DUI arrest? You will need to contact an experienced Orange County DUI law firm like Wallin & Klarich. If you or a loved one is facing this charge and need to contact an Orange County DUI attorney, contact the criminal defense attorneys at Wallin and Klarich.  At Wallin and Klarich we have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case.  We will work to ensure that your rights are protected and that you clearly understand the legal process.  The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Did you find this blog helpful? Leave us a comment and let us know.

Use Facebook to Comment on this Post

Most DUI arrests begin with a traffic stop.  Once you have been pulled over, the police officer may conduct an investigation, after which they may arrest you and charge you with driving under the influence.  An officer needs probably cause to pull you over though.  In other words, you need to have violated a traffic law for the stop to be legal.  An experienced Orange County DUI lawyer can determine if the traffic stop was legal, and attempt to suppress all evidence against you for a DUI charge or any other subsequent charge that may be filed against you.

One common traffic violation is failure to use a turn signal.  Under California law, a driver must use their vehicle turn signal in the event any other vehicle may be affected by driver’s movement.  A driver in violation of this law may be stopped by a police officer, detained and a citation issued.  Also, if you are detained, a police officer may likely look for probable cause to investigate you or search your vehicle and may find contraband, such as drugs or alcohol.

An exception to this rule is if there are no other cars on the road.  For example, if you are driving late at night on an empty road and fail to signal prior to making a turn, there is no violation.  Therefore, if a police officer pulls you over for not using your turn signal when there are absolutely not other car on the road, and you are then subsequently charged with a crime, a Court must exclude all evidence of that crime at trial.

If you have been arrested as the result of a search conducted of your vehicle following a traffic stop, it is extremely important that you contact an experienced criminal defense attorney who can exclude the evidence at trial.  If you or a loved one is charged with a crime, you should contact our experienced defense attorneys at Wallin and Klarich.  We have been protecting the rights of individuals accused of crimes for over three decades.  You can call us at 1-877-466-5245, we will be there when you call.

Use Facebook to Comment on this Post

A police office can only pull you over if he/she has reasonable cause or suspicion that a crime/or traffic offense is being committed. The police cannot pull you over on a mere hunch or curiosity. In addition, the police cannot pull you over due to race, creed or national origin. These kinds of stops are strictly prohibited by the United States Constitution as well as the State Constitution.

Many times, officers may decide to “create” probable cause by mentioning some type of vehicle code violation such as speeding or making an illegal turn. While these are valid reasons to make a traffic stop, these reasons have to exist at the time of the stop and not be fabricated in the police report after the fact.

A trained and skilled Orange County DUI defense attorney would file a 1538.5 Motion to Suppress Evidence based on such an illegal stop. Any evidence of criminal activity found pursuant to an unlawful arrest would have to be thrown out of court under the Fourth Amendment and subsequently the case would be dismissed.

A 1538.5 Motion to Suppress Evidence can be utilized in various situations. As it pertains to traffics stops, it can be used to challenge the initial stop or the subsequent arrest. There must be probable cause in both cases in order for the evidence to be admitted before the court. Otherwise, as previously stated, ALL evidence gather during that stop will be thrown out (including observations made and noted by the officer as well as any tests performed during or after the stop).

It is critical that for the prosecution to establish probable cause in order for the charges to stick. The officer must have had a reasonable belief that you had/were committing a crime. Often times this standard is not met by the officers and prosecutions proceed where they should not.

We hope this provides you with some insight into your rights and how to avoid being unjustly prosecuted for a DUI charge arising out of an illegal stop. If you or a loved one needs help with a charge arising from a questionable traffic stop, it is imperative that you get a competent attorney immediately. Having been in practice for over 30 years, Wallin & Klarich will equip you with a highly skilled and aggressive attorney to provide you with the best possible defense. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Use Facebook to Comment on this Post

If you are arrested by by cops or any law enforcement for a DUI in San Bernardino, it is imperative that you advise the officer involved the following:

1.    You invoke your constitutional rights to remain silent;
2.    Request that your San Bernardino DUI attorney be present during any and all interrogation or investigative questioning;
3.    You also do not consent to the search of your person, property or personal effects; and,
4.    You assert your right to three completed phone calls under the law.

It’s quite important to remain silent so that anything you say is not used against you in the court of law. If people understand that they have these rights and utilize them, it will certainly help in the long run in the defense of their case and assist the attorney handling the case in preparation of a proper defense.

All too often, people make the mistake of volunteering information after they have been read their Miranda rights and that will certainly come back to haunt them in the defense of their case. Don’t let this happen to you. Be educated and know your rights.

If you or a loved one has recently been charged with a criminal offense, it is important to contact an experienced San Bernardino criminal attorney to represent you against these charges.  At Wallin and Klarich, our San Bernardino defense attorneys have successfully represented many clients in this situation.  Call us at  1-888-749-0034 or visit our website at www.wklawdui.com

Use Facebook to Comment on this Post

When a police officer suspects someone of driving a vehicle under the influence of alcohol the police officer will try to determine how much or intoxicated the driver is.  To do this there are a variety of tests the police may subject you to.  These tests include:

1.    Field Sobriety Test
2.    Preliminary Alcohol Screening Test (breathalyzer)
3.    Chemical Evidentiary Breath Test (breathalyzer)
4.    Chemical Evidentiary Blood Test
5.    Chemical Evidentiary Urine Test

It is important to know what these tests are and what tests are voluntary and which ones are mandatory.  The field sobriety test is a voluntary test.  The test involves the driver performing tests related to balance, time, and hand/eye coordination.  The preliminary alcohol screening test is also voluntary.  This involves breathing into a breathalyzer and the breathalyzer will display a number to the investigating officer which shows your blood alcohol content.  The chemical evidentiary blood and breath test are both mandatory tests. A urine test is only given after a blood and breath test are unavailable.  Any Los Angeles DUI attorney will recommend a driver performing those voluntary tests as it will not help your situation, since a poor performance on those tests will be used against you in a court of law.

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) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

Use Facebook to Comment on this Post

Under California law, a driver is required to give his implied consent to submit to a chemical blood or breath test upon being detained on suspicion of driving under the influence.  It is mandatory that a driver submit to a  chemical test.  Refusal to submit to a chemical test can result in your driving privileges to be suspended.  If this happens, it is important to contact an experienced Orange County DUI attorney.

There are many different tests police officers can use to determine your level of intoxication; some tests are completely voluntary.  A police officer may use a preliminary alcohol screening test.  These are small hand held devices which are sometimes referred to as a breathalyzer.  A preliminary alcohol screening test is merely a way for the police officer to quickly gather data upon your initial stop, since a person’s level of intoxication may decrease over time.  A preliminary alcohol screening test is completely voluntary and not required.

However, a chemical evidentiary blood or breath test is mandatory and required.  A blood test is conducted at a local jail and not at a hospital.  For this to occur, the driver is placed under arrest and cited pending the outcome of the blood results.  A chemical evidentiary breath test can be large machine at the police station or can be a handheld device used at the scene of the stop.

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) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

Use Facebook to Comment on this Post

If you have been issued a class A, B, or C drivers license with an endorsement issued pursuant 15278(a)(4) of the Vehicle Code, and are convicted of a DUI in California or any of the following scenarios occur; you will lose your commercial license for one year. This can lead to significant consequences, most importantly losing your livelihood and ability to provide for yourself or your family.  It is important to hire an experienced San Bernardino DUI attorney to handle these serious charges.

If any of the following scenarios applies to you, you could possibly lose your commercial drivers license.

•    You were a commercially licensed driver operating a non-commercial vehicle with a blood alcohol level of .08% or more.
•    You were operating a commercial vehicle as defined Section 15210 of the Vehicle Code with a blood alcohol level of .04% or more.
•    You were a commercially licensed driver operating a commercial or non-commercial vehicle and knowingly refused to or failed to complete a chemical test, when lawfully admonished.

In addition, if any of the three above occurs while transporting a hazardous material, the penalty is 3 years of revocation.  If it occurs a second time, whether transporting hazardous material or not; the licensee will lose their privilege to have a commercial license for life.

However, the California Department of Motor Vehicles will allow a commercial license holder to apply for a class C license after any of the three scenarios above occur.  After 30 days of a hard suspension, as long as the licensee has an SR-22 and takes a state approved alcohol program, the licensee will be granted a Class C, non-commercial license.

If you or a loved one have been accused or charged with DUI in San Bernardino 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.

Use Facebook to Comment on this Post