2011 December Archive

Post-Accident Alcohol Consumption is a common Orange County DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will depend upon the surrounding facts and circumstances of your case. More specifically, the following are critical to a defense argument that the defendant consumed alcohol after an accident:

(1) Whether it is reasonable to assume that alcohol was “available” after the accident and before contact with law enforcement
(2) Whether the driver can establish a credible drinking history
(3) Whether law enforcement obtains enough information regarding the suspect’s drinking pattern

It is important to understand that California Vehicle Code section 23152(b) prohibits a driver from operating a motor vehicle with a blood alcohol content of 0.08% or greater at the time of driving. “At the time of driving” is the most critical language in a court of law. What kind of DUI defense may be available in your case must be determined after reviewing your case with an experienced Orange County DUI defense attorney. Each case is unique, no two set of facts and circumstances are identical.

Be sure that your rights are adequately protected if you are ever facing criminal charges. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

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The government routinely conducts DUI checkpoints around all major holidays and randomly throughout the year. Many innocent motorists are swept up into the general law enforcement scheme known as the DUI checkpoint stop. The DUI checkpoint allows officers to check not only for drivers under the influence of alcohol, but for individuals driving without a license, driving on a suspended or restricted license, or anybody with any contraband in the vehicle whatsoever. Of course, the officers are not supposed to conduct a full blown search, but that is in fact what often happens.

In Order to be Legally Valid, California DUI Sobriety Checkpoints Must Adhere to Strict Requirements

In Ingersoll v. Palmer (the landmark DUI sobriety checkpoint case), the California Supreme Court ruled that DUI roadblocks must adhere to specific requirements in order to be constitutionally recognized. If they do not, your Orange County DUI attorney may be able to get your DUI charges reduced or even dismissed.

These requirements relate to:
- Who makes decisions with respect to the operation of California sobriety checkpoints
- When and how DUI roadblocks are operated, and
- The intrusiveness to those stopped at a DUI checkpoint.

Supervising officers (as opposed to field officers) must determine where, how, and when California sobriety checkpoints will operate. Supervising officers usually determine where these checkpoints will be held, based on what areas have the highest concentration of DUI-related accidents and/or arrests.

This regulation also includes establishing the criteria for how cars will be stopped. For example, the supervising officers must determine ahead of time whether field officers will stop every car, every third car, every fifth car, etc.

The sobriety checkpoint must be reasonably located

The location of the DUI roadblock must be reasonable. This means that the sobriety checkpoint must be in a location where there is a high volume of DUI-related accidents or arrests. It also means that the supervising officers must consider everyone’s safety when choosing where to set up a sobriety checkpoint.

DUI roadblocks must be publicly advertised

California DUI sobriety checkpoints must be publicly advertised prior to the date of the roadblock and clearly visible to approaching drivers. With respect to advertising, law enforcement websites, local newspapers, and news stations often report the upcoming checkpoint about a week prior to its operation.

If you or a loved one are arrested for DUI after going through a checkpoint- contact your DUI attorney at Wallin & Klarich. We’ve have been helping DUI defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

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If you have been arrested for a DUI in Santa Ana, California, then you will be facing criminal charges in court and will also face a separate case with the DMV who will try to suspend or revoke your license. Due to the potential consequences of having a criminal record, losing your driving privileges, and potential jail time, it is always important to consult with an experienced and aggressive Santa Ana DUI attorney to fight your case and guide you through this difficult process.

If you were arrested for DUI in Santa Ana then your case will be assigned to the Central Justice Center on Civic Center Drive West in Santa Ana and you will be prosecuted by the Orange County District Attorney’s Office. If you request a DMV hearing it will be assigned to the Irvine Driver Safety Office. Any seasoned Santa Ana DUI Attorney knows that the Orange County DA’s office zealously prosecutes DUI cases and potential consequences of a DUI conviction include probation, jail time, an alcohol course, severe fines, loss of driving privileges, and more. All of these penalties are typically imposed on someone convicted off just a first DUI. The more prior DUI convictions a defendant has the more severe the penalties will get.

With so much at stake and so much to lose, it is extremely important for anyone facing DUI charges in Santa Ana to immediately contact an experienced Santa Ana DUI attorney. At the law offices of Wallin & Klarich, we have represented clients in DUI cases in Orange County 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.

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