Blood Breath Alcohol Testing

Can I Refuse A Field Sobriety Test In San Bernardino?
By DUI Defense Attorney on May 1, 2013

If you drive a motor vehicle, by law you are consenting to chemical testing of your blood or breathe in order to determine your blood alcohol level. If you are lawfully arrested for driving under the influence of alcohol, you have the choice of how you will be tested, either through a blood or breathe test. The arresting officer must inform you of that choice.

Consequences of Refusing a Field Sobriety Test

Refusing to take a field sobriety test in San Bernardino will result in the following severe punishment:

• A fine of $125 (Vehicle Code 14905)

• Imprisonment if you are convicted of a DUI; AND

• Either of the following

o Suspension of your driver’s license for 1 year
o Revocation of your driver’s license for 2 years if you refused to take a sobriety test within 10 years of a prior DUI or reckless driving conviction; OR
o Revocation of driver’s license for 3 years if you refused to take a sobriety test within 10 years of two or more separate DUI, reckless driving, or vehicular manslaughter convictions, or if your driver’s license has been suspended/revoked two or more times for separate offenses

California DUI Defense Attorney

An aggressive and knowledgeable California DUI defense attorney can help lessen or entirely avoid the severe consequences that could result from a charge of refusing to take a field sobriety test. Wallin & Klarich is aware of the many conditions that must be met before you can be punished for improperly refusing to take a sobriety test and can often raise viable defenses so your criminal liability is reduced or eliminated. For example, if you were unlawfully arrested, the charges may be dropped altogether.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in San Bernardino, Orange County, Los Angeles, San Diego, Riverside, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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What Are The Consequences If I Refused To Submit To Chemical Testing? (CVC 23612)
By DUI Defense Attorney on April 24, 2013

According to California Vehicle Code section 23612, if you are arrested for a DUI offense committed in violation of California Vehicle Code section 23140, 23152 or 23153, you are deemed to have given your consent to chemical testing through either a blood or breath test to determine the alcohol content of your blood. If a blood test is unavailable, you may be required to submit to a urine test. This is known as the “Implied Consent Law,” as you do not have to actually give permission at the time for the chemical test to be performed. Instead, the law provides that you already have given consent.

According to California Vehicle Code section 23612, the test must be administered after a lawful arrest, at the direction of a peace officer who had probable cause to believe that you were driving while intoxicated, in violation of California Vehicle Code section 23140, 23152, or 23153.

DUI Offenses affected by California’s Implied Consent Law

California’s implied consent law applies to DUI offenses described under California Vehicle Code section 23140, 23152, and 23153.

California Vehicle Code section 23140 makes it unlawful for you to drive a vehicle if you are under the age of 21 and have a blood alcohol content of 0.05 percent or more.

California Vehicle Code section 23152 states that it is unlawful for you to drive a vehicle while you are under the influence of alcohol or a drug, such that you can no longer drive the vehicle with the ordinary caution and care that a sober person could exercise under similar circumstances.

California Vehicle Code section 23153 applies to DUI’s that cause injury. In order for you to be convicted under section 23153, you must have been driving under the influence of drugs or alcohol, and failed to perform a legal duty that resulted in bodily injury to another person.

Consequences for Refusal to Submit to Chemical Testing

California Vehicle Code section 23612(a)(1)(D) describes the consequences you face if you do not comply with California’s implied consent law. If you fail to submit to chemical testing after being arrested for a DUI, you will face a fine; and if you are convicted under California Vehicle Code section 23152 or 23153, you will face an additional mandatory jail sentence. In addition, if you fail to submit to chemical testing, you may also face the following consequences:

(1) The suspension of your driving privileges for one year;

(2) Revocation of your driving privileges for two years if:

A. You refused to comply with chemical testing within 10 years of a separate DUI, reckless driving, or vehicular manslaughter conviction; OR
B. Your driving privileges were previously suspended for an offense that occurred on a separate occasion

(3) Revocation of your driving privileges for a period of three years if:

A. You refused to comply with chemical testing within 10 years on two or more separate DUI, reckless driving, or vehicular manslaughter convictions; OR
B. Your driving privileges were previously suspended or revoked two or more times for offenses that occurred on separate occasions

Refusing to take a Preliminary Alcohol Screening Test (PAS)

When you are first stopped by a police officer for a DUI, you do not have to submit to a preliminary alcohol screening test (PAS). The PAS test is different from the chemical test you are required to submit to because the PAS test is requested before you are arrested, whereas the chemical test is requested after your arrest and performed at the police station. Unlike the chemical test, you will not face any penalties for refusing to submit to a PAS test.

California DUI Lawyer

Wallin & Klarich has over 30 years of experience defending clients charged with driving under the influence. The California DUI lawyers at Wallin & Klarich will assist you through the legal process and help you present the best possible defense available to you under the circumstances of your case. Wallin & Klarich understands that a conviction for driving under the influence can result in negative consequences that have a large impact on your life and will fight to prevent those consequences. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call Wallin & Klarich today at 877-4-NO-JAIL or 877-466-5245. We will get through this together.

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Do I Have The Right to Refuse a Field Sobriety Test For a DUI?
By DUI Defense Attorney on April 23, 2013

When you are stopped for suspicion of driving while under the influence pursuant to California Vehicle Code 23152, it is your right to refuse to take a field sobriety test because you have not been arrested yet. At Wallin & Klarich, we advise our clients to politely refuse to take any field sobriety tests because they are rarely – if ever – beneficial to your case. In almost all cases, you are simply helping the arresting officer build a case against you.

Although refusing to take a field sobriety test can result in an easier case to win at trial, you must understand that there are other important consequences to refusing to take a field sobriety test. Depending on the particular circumstances in your case, your Southern California DUI defense attorney at Wallin & Klarich will be able to counsel you on the consequences you could face even though you refused to take a field sobriety test.

Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) established the standard field sobriety tests that officers administer during DUI stops in order to give police officers probable cause to arrest drivers who exhibit symptoms of intoxication. There are three standard field sobriety tests that are administered in traffic stops: the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test. Each of these tests is designed to cause drivers who are impaired by drugs or alcohol to display symptoms of their intoxication.

Horizontal Gaze Nystagmus Test

The Horizontal and Vertical Gaze Nystagmus tests require the officer to hold an object at a certain distance away from your face and move the object from side-to-side and top-to-bottom while you keep your eyes focused on the object. During the test, the officer will watch your eyes for distinct and sustained nystagmus.

Nystagmus is the involuntary jerking of the eyes that ordinarily occurs in everyone as the eyes gaze to the side, but is more distinct and pronounced while you are intoxicated. If you exhibit distinct and sustained nystagmus in your eyes, you will likely fail the test – even if you display nystagmus because of a medical condition, your work conditions, or simple fatigue.

Walk and Turn Test

When the officer asks that you perform the Walk and Turn Test, you will be required to take nine (9) heel-to-toe steps on a straight line (real or imaginary, depending on circumstances) forward and back for a total of twenty 18 steps. You will be required to stand in the heel-toe position while the officer gives instructions, count your steps out loud as you perform them, and pivot in a very particular fashion involving multiple steps.

During this test, the officer will be observing you for signs of impairment under the rationale that the test forces you to perform a divided attention task, where you have to keep track of multiple things at once. NHTSA states that there are eight indicators of impairment that the officer is looking for:

1. Failing to touch your feet heel-to-toe
2. Raising your arms for balance
3. Stepping off of the line
4. Becoming unbalanced while listening to instructions
5. Beginning before instruction finishes
6. Stopping the test to regain balance
7. Making an improper turn; OR
8. Taking an incorrect number of steps

Also, officers routinely consider improperly counting your steps as an additional sign of impairment. If you exhibit two or more of these indicators during the test, NHTSA states that it is likely your BAC is above 0.08 and you will fail the Walk and Turn Test.

This test is particularly troublesome for you because of the sheer number of times you can fail the test (2 while being instructed and at least 6 indicators for each of 18 steps, leading to a minimum of 110 possible chances to exhibit a sign of impairment). Simply put, if you exhibit signs of impairment in only one of your steps, you will likely fail the sobriety test.

Performing the Walk and Turn Test is perhaps the most likely field sobriety test to hurt your chances at a successful defense to your DUI charge. It will take an experienced Southern California DUI defense attorney to combat your results if you fail it.

One Leg Stand Test

The One Leg Stand Test is the third and final standard field sobriety test recognized by NHTSA. The test requires you to stand on one leg of your choosing, with your foot raised approximately six inches off of the ground, with your hands at your side, and count aloud by thousands until told to stop by the officer. The officer will observe you for 30 seconds. During the test, the officer will be looking for at least four indicators of impairment, including:

1. Swaying while balancing
2. Using your arms to balance
3. Hopping to maintain your balance; AND
4. Putting your foot down before being told to do so

If you exhibit two or more of these indicators of impairment, then you fail the test. Like the Walk and Turn Test, the officer will be looking for any of the four indicators for the entire 30 second duration, leading to many chances for you to exhibit a symptom of impairment. Even if you perform the test well for the first 25 seconds, but begin to sway and use your arms to balance in the last five seconds, the officer will likely say that you have failed the test.

Improper Testing Procedures

These tests are all difficult and often lead to a sober person failing them because they require you to perform tasks that most people ordinarily do not perform regularly. They are intentionally designed in such a way that most people will exhibit some signs of impairment, even if they are sober. If you have a medical condition, your chances of failing one of the tests is increased even more, as officers routinely do not ask adequate questions to determine whether you have a condition which would explain why you exhibit one of the signs of impairment. For instance, if you recently had surgery on your knees, you likely will not have the strength in your legs to balance for the Walk and Turn and One Leg Stand tests.

Furthermore, the standard field sobriety tests were designed for ideal lab conditions and officers are trained only under these circumstances (i.e., adequate lighting, level road, no traffic, no rain, etc.). However, officers almost always administer these tests in conditions that are not ideal to determine impairment. Just one inadequate condition can lead to you exhibiting a false sign of impairment. For example, if the officer administers the Horizontal Gaze Nystagmus test to you while you are facing his car and he left his overhead lights on, you will likely exhibit pronounced nystagmus as your eyes try to keep track of the object while the officer’s squad car lights are flashing behind it.

If you are arrested for DUI because you failed the standard field sobriety tests, your Southern California DUI defense attorney at Wallin & Klarich will be able to examine the particular circumstances in your case in order to fight the results.

Refusing to Take a Field Sobriety Test

You must remember that you are not required to submit to any kind of standard field sobriety testing and you should politely refuse if the officer requests you submit to them. While refusing to take the tests will likely lead to the officer arresting you for a DUI, you will not have the risk of failing a field sobriety test that was improperly conducted.

California DUI Defense Attorney

At Wallin & Klarich, we have over 30 years of experience successfully challenging failed field sobriety tests in our clients’ DUI cases. Our attorneys use the most proven methods when fighting the evidence against your case. We care about our clients and we will be there for you when you call us.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. Our offices are located throughout Southern California in Orange County, Los Angeles, Ventura, San Diego, Torrance, Riverside, San Bernardino, Victorville, Sherman Oaks, and West Covina. We will be there when you call.

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Consequences for a DUI Causing Injury in Orange County (CVC 23153)
By DUI Defense Attorney on March 25, 2013

If you are facing charges for DUI causing injury in Orange County, you need to call an Orange County Wallin & Klarich DUI Defense Attorney as soon as possible. The consequences of a DUI causing injury conviction can be severe. Hiring an Orange County Wallin & Klarich DUI Defense Attorney early in your case is the best possible way to protect you from a lengthy jail sentence.

A violation of California Vehicle Code section 23153 occurs when:

  1. You were driving under the influence
  2. You committed an illegal act or neglected to perform a legal duty; AND
  3. Another person was injured as a result of your illegal act or failure to perform a legal duty

When a driver causes injury to another while driving under the influence, he or she will face more severe punishments and penalties than he or she would for a traditional DUI charge under California Vehicle Code section 23152. A more detailed explanation of the sentencing and punishment for DUI causing injury is listed below.

Sentencing for DUI Causing Injury in Orange County

The consequences for a DUI causing injury can be serious. As a “wobbler” offense, a DUI causing injury in Orange County can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history. If the prosecution convicts you of a DUI causing injury, your driving privilege could be suspended for a lengthy period of time.

  • Misdemeanor DUI causing injury is punishable by up to one year in county jail and a maximum $1,000 fine
  • Felony DUI causing injury is punishable by up to 3 years in jail
  • Prior DUI convictions will result in harsher penalties
  • DUI causing injury to multiple victims is a felony punishable by an increased sentence of one year in jail for each additional victim
  • Other fines and fees that the court will impose against you will likely add up to about $2,000

DUI Causing Injury Defenses

Your skilled Orange County DUI Defense Attorneys at Wallin & Klarich can raise a number of defenses on your behalf, including:

You Were Not Driving Vehicle

If you were not the person driving the vehicle when police officers arrested you for a DUI, then you will have a complete defense to your DUI causing injury charge.

You Were Not Impaired

The prosecutor must prove that you were impaired by alcohol, drugs, or both to convict you of a DUI. A skilled Orange County DUI Defense Attorney can argue that you were not impaired, which may lead to your charges being dismissed.

Your Blood Alcohol Content (BAC) Was Under 0.08%

If your BAC was over 0.08% at the time you were driving your vehicle, then you are over the legal limit and may be convicted of a DUI. However, a skilled Wallin & Klarich DUI Defense Attorney can challenge the chemical tests used to determine your BAC and get your DUI charges dismissed.

Emergency Doctrine

If your actions were forced by a sudden emergency situation, you may have a complete defense against your DUI causing injury charge. Your actions will be judged against the reasonable person standard. If a reasonable person who acted with ordinary care and judgment would have done the same thing in your situation, then you may have a complete defense to your case.

No Injury

If no injury occurred to another person during the alleged DUI incident, then you may not be convicted of DUI causing injury. You may still be liable for a DUI.

Probable Cause

The police officer who initially stopped you at the scene must have had probable cause to make the stop. If the officer did not have probable cause, then the traffic stop was likely unlawful and any evidence that resulted may be suppressed.

Improper Testing Procedures

Your Wallin & Klarich DUI Defense Attorney can argue that the police did not follow the proper procedures in administering a chemical test to determine your BAC. For instance, if the officer did not constantly recalibrate the breathalyzer, it may not accurately report your BAC.

Rising BAC

You may be able to prove that you were not over the legal BAC limit at the time you were driving if your BAC was slightly over 0.08% at the time of the BAC reading. Since alcohol takes time to metabolize in your body, the BAC reading may show a higher level of alcohol in your bloodstream even though you may have been under the legal limit five minutes prior to your breathalyzer test.

Mouth Alcohol

If there was still some alcohol in your mouth when you submitted to the breathalyzer test, there may be an inaccurate BAC reading. Burping and vomiting can cause alcohol to appear in your mouth, which could lead to an inaccurate BAC reading.

Miranda Rights

An arresting officer has a legal duty to notify you of your Miranda Rights after you are “in custody.” Before doing so, the officer cannot legally question you. Your Miranda Rights include, without limitation: (1) the right to remain silent and (2) the right to have an attorney present. If you were not read your Miranda Rights, then any incriminating statements you make may be suppressed and deemed inadmissible at trial.

Orange County DUI Defense Attorney

The Orange County DUI Defense Attorneys of Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. If you or someone you know has been accused of this offense, you need to contact an experienced Criminal Defense Attorney who will carefully review the facts and the law to give you the best representation possible. Our Orange County DUI Defense Attorneys will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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Chemical Test Refusal Must Be Voluntary, Knowing Waiver
By DUI Defense Attorney on February 21, 2013

The decision by the Defendant to decline to submit to any further chemical test is not a valid waiver of the right to collect evidence unless it is voluntarily, knowingly, and intelligently made.

In the case of an additional chemical test, a “knowingly and intelligently” made decision requires the Defendant to have knowledge of the breath test result and its potential inaccuracies. To insure such knowledge it must be shown that the Defendant was properly advised of his Trombetta rights.

Absent a showing that Defendant’s decision to decline an additional chemical test was knowing and intelligent, the admission into evidence that the defendant declined to take an additional blood test, by necessity, would call for an explanation by the Defendant, thereby denying the Defendant of his/her right not to be compelled in a criminal case to be a witness against himself as guaranteed by the Fifth Amendment of the United States Constitution. (See Miranda v. Arizona (1966) 384 U.S. 436, 460) “The privilege [against self incrimination] is fulfilled only when the person is guaranteed the right to remain silent unless he chooses to speak in the unfettered exercise of her own will.”

Contact An Experienced DUI Attorney

If you were arrested for DUI and it was alleged that you refused to submit to a chemical test, you must immediately contact one of our experienced DUI attorneys from Wallin and Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at 1 (877) 4-NO-JAIL or visit our website at www.wklaw.com. We will be there when you call.

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DUI CHEMICAL TEST REFUSAL (Part 2) — Does Silence Amount to a DUI Refusal?
By DUI Defense Attorney on February 20, 2013

The chemical test admonition on the DS367 provides the licensee important information that must be made known to the licensee. The licensee must be informed of his required duties and his constitutional rights before he can act. Obviously, without this information it is impossible for the licensee to make an informed decision.

However, silence alone does not always amount to a refusal because it should not be viewed in a vacuum. As the Carrey Court [183 Cal.App.3d 1265] held, the test is the “objective, fair meaning to be distilled from [the arrestee’s] words and conduct.” Thus, in Hart v. Department of Motor Vehicles (1987) 194 Cal.App.3d 1523, 240 Cal.Rptr. 373, no refusal was found where the subject remained silent but was fully cooperative with a blood draw. While the law is clear that the police have no duty to proceed with a chemical test attempt in the face of silence (see Lampman), Hart held that where they choose to proceed with a blood draw, obtain a sample without any appreciable loss of time, and the arrestee is entirely cooperative with the process, there is no refusal.

If you are arrested and charged with a DUI, you must immediately contact one of our experienced DUI attorneys from Wallin & Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. You can also fill out our contact form and one of our attorneys will email you or call you back immediately. We will fight for you.

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DUI CHEMICAL TEST REFUSAL (Part 1) – Consequences for Failure To Take a Test
By DUI Defense Attorney on February 19, 2013

California Vehicle Code §23612(a)(1)(D) speaks in mandatory, not discretionary, terms of the requirement that a licensee be informed of his duty to take a test and the consequences for failing to take a test. It thus follows that if a person is not informed of his rights and duties that no suspension can stand. “Proper warning of the consequences of refusal of a motorist arrested for drunk driving to take one of the three tests required by CVC §13353, is one of the elements essential to suspension of license under the implied consent law.” (Giomi v. Department of Motor Vehicles, 15 Cal. App. 3d 905 at 906 (1971) See also, Decker v. Department of Motor Vehicles (1972) 6 Cal. 3d 903 and Scott v. Meese, (1985) 174 Cal.App.3d 249. Further, “noncomprehension of warning did not have to be communicated to officer in order to preclude driver’s license suspension for refusal to undergo chemical tests for intoxication.” (Thompson v. Department of Motor Vehicles (1980) 107 Cal.App.3d 354). Lack of sufficient advisement is all that is required.

To ensure proper advisement, the backside of the officer’s sworn statement (DS367 Form) specifically delineates the requirement of CVC §23612 by the chemical test admonitions, which has spaces for the officer to place information like the date, time and location that the admonishment was read. It also has boxes that an officer must check to show that he/she read to the licensee the proper admonition under CVC §23612. It further requires that if the admonition was read by another officer, that that officer must place his/her name, badge/identification number, agency, and phone number in the spaces provided. This shows that someone must read this admonition to the licensee and the officer reading the licensee the admonition must be known by name.

If you are arrested and charged with a DUI, you must immediately contact one of our experienced DUI attorneys at Wallin and Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. You can also fill out our contact form and one of our attorneys will contact you immediately. We will be there when you call.

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CONSEQUENCES FOR REFUSING TO SUBMIT TO CHEMICAL TEST WHEN ARRESTED FOR DUI IN SAN BERNARDINO
By DUI Defense Attorney on August 8, 2012

Many people who are arrested for Driving Under the influence in California are unsure of whether they should submit to a breath or blood alcohol test when the arresting officer explains to them that they have to submit to one of those tests.  Often times a person will refuse to submit to one of these tests. Should you refuse to take a breath or blood alcohol test after being arrested for DUI in San Bernardino?

Anybody who is lawfully arrested for DUI in California is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine for the purpose of determining the level of alcohol or drugs in his or her system.  This is the implied consent law in California.  The law also requires that the person shall be told that his or her failure to submit to – or his or her failure to complete – the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a DUI, the suspension of the person’s privilege to operate a motor vehicle for a period of one year, or the revocation of the person’s privilege to operate a motor vehicle for a period of two to three years.

However, it is important to point out that you are not legally obligated to submit to a chemical test of the “hand held device” that the police officer asks you to blow into at the scene. You are only obligated to submit to a chemical test after you have been arrested and you are taken to the police station or to a local hospital to complete the test.

In many cases the officer will not properly admonish the person arrested for DUI about the consequences of his or her failure to submit to a chemical test.  Unfortunately, many people will refuse to take a test – which leads to serious consequences.  If the officer writes that person up as a “refusal,” it can trigger a mandatory one year suspension that does not allow for a restricted license under any circumstances.  What’s worse is that the cops will usually “force” blood from the person by strapping him or her to a chair and by holding him or her down with the force of multiple officers.  In these cases, the person still faces the one year mandatory suspension for refusal, and the police get their evidence regardless. In most cases, refusing to submit to a chemical test is a bad idea for a person arrested for DUI in California.

If you have been accused of DUI in San Bernardino, Riverside, Orange, Los Angels, or Ventura Counties, you will need an experienced DUI defense lawyer to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 749–0034 or visit us at our website at www.wklawdui.com. We will be there when you call.

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Singer Bobby Brown Arrested on Suspicion of DUI
By DUI Defense Attorney on March 27, 2012

Bobby Brown, the ex-husband of the late Whitney Houston, was arrested yesterday afternoon in LA County on suspicion of DUI. Both Brown and Houston had a long, well documented, battle with drugs and alcohol, and it appears as though the former member of New Addition hasn’t beaten his demons.

Like most DUI arrests, Brown was stopped for a minor traffic violation, which led to a DUI investigation. Brown was talking on his cell phone, which is illegal in California, which eventually led officers to investigate him for DUI. Brown allegedly failed a field sobriety test and according to reports, blew a .12.

As LA County DUI attorneys, we always advise people to never submit to a field sobriety test. It is perfectly legal to refuse, and the results can only be used against you as evidence by prosecutors later. The only test that you have to submit to is a breath or blood test at the police station. By law, you do not have to submit to any tests in the field, though failure to submit to test will almost certainly result in you getting arrested on suspicion of DUI.

For Brown, this is his second DUI. His first came in 1996. Because his first DUI occurred more than 10 years ago, it is highly unlikely that prosecutors will pursue heavier punishments. However, if a second DUI conviction occurs within 10 year of the first conviction, an individual faces anywhere from 90 days to 1 year in county jail and up to a $1,000 fine.

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What Kind of Tests Will I be Confronted With When Pulled Over for a DUI in Los Angeles County?
By DUI Defense Attorney on October 6, 2011

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.

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At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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