2012 January Archive

There are two elements to the crime of DUI in Southern California that must be proven in order for you to be found guilty. First you must have been driving and second, you must have been over the legal limit AT THE TIME OF DRIVING. One defense that your DUI defense lawyer can use to fight your DUI charge is known as the Rising Blood Alcohol Defense.

Without getting too scientific, essentially, alcohol does not metabolize into your system the instant you drink it. It takes some time. So if you have a martini, a glass of wine or a beer right before leaving a party or a house, and you get pulled over a few minutes later, you might actually be under the legal limit to drive. However, by the time you are arrested, taken down to the station, and a chemical test is taken of your blood or breath, the alcohol may have metabolized into your system and you will test above the legal limit.

The rising blood alcohol defense is also applicable at your DMV hearing as well as your criminal hearing. While it is never a good idea to answer any questions the cops ask you, telling them that your last drink was hours before being pulled over, actually works against you when trying to argue the rising blood alcohol defense. It can be difficult to prove the rising blood alcohol defense, which is why you should contact an experienced Orange County DUI lawyer to discuss your case.

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Just because you have been arrested for DUI in California does not mean that you will be sentenced for a DUI in California. If you hire an experienced Southern California DUI attorney, he or she may be able to plea bargain down to one of two favorable misdemeanors that will have no bearing on any future DUI cases you might incur.

Most people are aware of a wet reckless. Essentially, it is a plea that doesn’t count as a DUI, however, should you be charged with a DUI sometime in the future, your wet reckless will count as a first DUI, making the future arrest your second DUI.

But there are better plea alternatives than just a wet reckless. The first is known as a dry reckless, found in the California Vehicle Code Sect Code Section 23109(c). A dry reckless is not a “priorable” offense, making it a great alternative to a DUI. It has no statutory provisions, meaning if you are arrested for DUI again, the second arrest will only count as your first DUI.There is also no requirement to complete an alcohol education program. A “dry reckless” carries lesser fines, a shorter probationary period, lesser jail exposure, and no license suspension.

Both a “dry reckless” and a “wet reckless” have a statutory minimum jail sentences (VC 23013(c)).

Depending on the jurisdiction and the DA, some prosecutors do not offer a “dry reckless” as an alternative to a DUI, but instead offer an “exhibition of speed,” codified in the California Vehicle Code Section 23109(c). An “exhibition of speed” charge does not have a statutory minimal imprisonment, making it an even more favorable plea.

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A driving under the infulence conviction is one of the most stressful and burdensome criminal convictions a person can face. California continues to be one of the strictest states in terms of punishments imposed upon a person convicted of driving under the influence.

Driving under the influence is codified under California Vehicle Code Section 23152. It states in pertinent that 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, or it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Ventura County has perhaps some of the strictest probation terms in California. Among these terms are formal probation, fines and fees, and often significant jail sentences. A probation period can last up to five years.

If a person on probation violates the law, they face harsher punishments. While on probation for DUI, a probationer is prohibited from driving with any measurable amount of alcohol in their system.

If you or a loved one has been arrested, it is imperative you contact our Southern California DUI law firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep 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.

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