DUI Defense

The punishment for a DUI  in Ventura may vary depending on the circumstances but can be quite severe. If convicted for a first-time DUI under CVC 23152, you will be imprisoned in county jail between 96 hours and up 6 months, and will be fined from $390 up to $1000. The actual total fine including all penalty assessments will be very close to $2000.

If convicted under CVC 23152, the DMV will suspend your driver’s license for 6 months, pursuant to CVC 13352.

Further, if you are convicted under CVC 23152 or CVC 23153 and are put on probation, it will last from 3 to 5 years. During this time you will be required not to drive with any measurable amount of alcohol in your system. You will also be required to complete a “driving under the influence” program.

A second DUI conviction can have a harsher punishment, including up to a year in county jail and a fine of up to $1000, pursuant to CVC 23452.
As these potential dire consequences suggest, it is essential that you have the best legal representation possible when facing DUI charges.

Prosecution of a DUI in Ventura

In order to convict you of a DUI under CVC 23152, the prosecutor must prove the following two elements:

• You drove a vehicle, and

• Either

When you drove, you were under the influence of alcohol and/or drugs such that you were unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances CVC 23152(a); OR

When you drove your blood alcohol level was 0.08% or higher CVC 23152(b)

Ventura DUI Attorney

Wallin & Klarich is well-versed in the intricacies of DUI law and can aggressively defend you. In many cases, your charges could be dropped completely, or your punishment lessened. A Ventura DUI attorney from Wallin & Klarich  can always raise a number of defenses on your behalf.

For example, perhaps your blood alcohol level (BAC) does not rise to the level of “under the influence”. There is a rebuttable presumption that you were not under the influence if your blood alcohol level (BAC) was less than 0.05%. This means that the prosecution must present evidence other than your BAC to prove that you were “under the influence”. The prosecution’s job to convict you is made harder in this situation. Also, an experienced Ventura DUI attorney can closely examine the results of your breathalyzer test. If the test was not conducted properly, the test results may not be used against you in court.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges in Ventura and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Ventura, Los Angeles, San Diego, Riverside, San Bernardino, Orange Cunty, 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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Being convicted of your third DUI within 10 years is a very serious matter. There is no circumstance where you should face these charges without the help of an experienced Southern California DUI defense attorney. The consequences of your third DUI conviction within 10 years under California Vehicle Code section 23152 are severe. You will be facing a county jail sentence of up to one year, a fine of up to $1,000, a 3-year driver’s license suspension, and a strict probation sentence that includes a requirement that you install an ignition interlock device in your vehicle. Your Southern California DUI defense attorney at Wallin & Klarich can answer any question you have regarding the consequences of your third DUI charge within 10 years.

Driver’s License Suspension

If you are convicted of your third DUI within 10 years under CVC 23152, the California Department of Motor Vehicles will automatically suspend your driver’s license for a period of three years – no exceptions. During this period, you will be prohibited from driving for at least the first 18 months after your conviction and will only be eligible for a restricted driver’s license after certain strict requirements have been met. These requirements include:

1. Completing a court-ordered alcohol program
2. Obtaining proof of financial responsibility from your car insurance company
3. Installing an ignition interlock device on your vehicle; AND
4. Following strict adherence to the conditions of your probation, including a requirement that you consume no alcohol or drugs before operating a motor vehicle

Adherence to the conditions of your probation

Often times it is difficult to adhere to all of the requirements after you have been convicted of your third DUI. This is because of the sheer number of rules that you must follow. There are also a number of circumstances which can result in what looks like a probation violation, but is really a technicality under the law that does not necessarily result in a violation of your probation.

Occasionally, some of our clients have employers who are aware of their suspended license status, but require them to drive the company vehicle anyways. The employers in these cases usually have insurance that covers their employees driving the vehicle. In these cases, our attorneys at Wallin & Klarich have argued that although our clients drove without a license, they were not uninsured as per their company policies and therefore are not technically in violation of their probation conditions.

Although in these circumstances you will likely face a driving with a suspended license charge under CVC 14601.2, our attorneys may be able to help you avoid charges for failure to comply with your probation terms. We can help you get your driver’s license reinstated as quickly as possible.

California DUI Defense Attorney

If you are facing a third DUI charge within 10 years, you need to contact the California DUI defense attorneys at Wallin & Klarich immediately. Our Southern California DUI defense attorneys are ready to help you defend your DUI case. We have been helping our clients successfully defend DUI cases for over 30 years. The attorneys at Wallin & Klarich can inform you of everything you need to know to successfully defend your DUI case. Our offices are located in Orange County, Los Angeles, Ventura, San Diego, Torrance, San Bernardino, Victorville, and West Covina. Call us today to speak with one of our DUI defense attorneys at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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DUI causing injury cases are treated very seriously by law enforcement and prosecutors. It is absolutely critical that you contact an experienced DUI defense lawyer to discuss your case and available defenses.

Prosecution for DUI Causing Injury

To convict you for DUI causing injury, the prosecution must prove that:

1. You drove a vehicle
2. When you drove the vehicle, you were under the influence of an alcoholic beverage or a drug
3. While driving under the influence, you also committed an illegal act or neglected to perform a legal duty; AND
4. Your illegal act or failure to perform a legal duty caused bodily injury to another person

A person is under the influence if, as a result of drinking an alcoholic beverage and/or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

No One Was Injured in the Other Vehicle

You cannot be convicted for DUI causing injury under California Vehicle Code Section 23153 if you were the only one injured in the accident. To be convicted, the crime requires an injury to occur to another person other than the driver.

If one of your passengers was injured as a result of the accident, you can be convicted for a DUI causing injury under California Vehicle Code Section 23153. There is no requirement someone in a different vehicle must be injured, only that a person is injured as a result of your actions. Thus, you will still be liable for DUI Causing Injury if someone in your car was injured.

Also, you can be convicted for DUI Causing injury even if the injury to another person is minor. No serious or permanent injury is required. For example, if the person injured by your actions only suffers some minor bumps and bruises, you can still be convicted for DUI Causing Injury.

Defenses to DUI Causing Injury

There are a number of defenses that an experienced DUI defense attorney can raise on your behalf. These defenses include:

• You were not driving the vehicle
• You were not under the influence of drugs or alcohol while you were driving
• You were not impaired; AND
• There was no injury to another person

Depending on your case, a Wallin & Klarich DUI defense attorney may be able to use any of these defense to help you get your DUI Causing Injury charges reduced or dismissed.

Orange County DUI Defense Attorney

Being accused of a DUI Causing Injury can be extremely stressful and difficult. At Wallin & Klarich, we have over 30 years of experience successfully defending our clients against DUI Causing Injury  in Orange County. We know what you and your family are going through and we are here to help. Our offices are located 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 be there when you call.

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Under California Vehicle Code Section 23152, it is unlawful for you to drive a vehicle while under the influence of an alcoholic beverage or drug, or a combination of both.
What Punishment Could I Face?

Any driving while under the influence (DUI) punishment may include the following:

• Jail time
• Fines and other related penalty assessments that will cost over $2,000; and
• Suspension of your driver’s license.

What jail time you may be facing depends on how many prior DUI convictions you may have.

My First DUI Conviction

If you have never been convicted of driving while under the influence of any drugs or alcohol, then you are facing a potential first conviction. For your first violation of driving while under the influence of marijuana, you may be facing a punishment of between 96 hours to 6 months in county jail, with at least 48 hours of continuous jail time.

My Second DUI Conviction

For your second DUI conviction within 10 years, you may face up to 1 year imprisonment in county jail.

My Third DUI Conviction

For your third DUI conviction within 10 years, you may face up to 1 year and a mandatory minimum of 120 days imprisonment in county jail.

My Fourth DUI Conviction

For your fourth DUI conviction within 10 years, you may be facing a felony and up to 3 years in custody, as well as a mandatory minimum of 6 months imprisonment in county jail and be labeled as a habitual traffic offender for three years. If you have a prior or current serious felony conviction(s), prior serious felony conviction(s) in another state, are required to register as a sex offender, or are subject to a sentence enhancement, you will be required to serve your time in state prison.

What Are My DUI Defenses?

The first thing you can do is to challenge the DUI investigation process. Police officers must have probable cause to pull you over for a DUI. An officer may have probable cause to pull you over for many reasons, including traffic violations, expired registration, or a broken brake light. If the officer does not have probable cause to pull you over, then your lawyer may be able to help you suppress the evidence against you.

Also, after the officer pulls you over and arrests you, he may ask you to submit to a blood test to see if there is marijuana in your system. The blood test must be taken at the time of your arrest. If you refuse to take a blood test, you could have your driver’s license suspended for 1-3 years, depending on how many times you have been convicted of a DUI in the past 10 years. (California Vehicle Code 13353)

Marijuana impairment varies from person to person based on many factors. The experienced DUI attorneys at Wallin & Klarich have had success in attacking the lack of evidence proving your impairment at the time of driving.

Orange County DUI Defense Attorney

If you or a loved one has been charged with a DUI in Orange County, you need an experienced Orange County DUI defense attorney to represent you. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience defending DUI cases. We have the knowledge and experience to assist you in your DUI case. We have offices in Ventura, Los Angeles, Riverside, San Bernardino, and Orange Counties. Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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Having a doctor’s prescription for Vicodin or any other legal drug is not a valid defense to a charge of driving under the influence.  California Vehicle Code section 23152(a) clearly states that it is against the law to operate a motor vehicle when you are under the influence of a drug.  The law does not make any exceptions for those having a valid prescription.  Similarly, having a prescription for marijuana does not permit a person to operate a motor vehicle when they are under the influence of marijuana.

The prosecution must prove two things:

• The defendant drove a vehicle; and
• When the defendant drove, the defendant was under the influence of a drug

Unlike alcohol, where a breath or blood test can determine your blood alcohol content, there is no quick method for law enforcement to determine the specific amount of drug content in your body; other than, whether an individual tested positive or negative for a drug.

As such, it can be difficult for the prosecution to prove you were actually “under the influence of a drug” when driving a vehicle. The strongest defense is that you were not operating a motor vehicle while under the influence of a drug.

For example, you can consume a prescription drug like Vicodin and continue to operate a motor vehicle in a safe manner.  Just because someone consumes a dose of Vicodin does not mean they are “under the influence of a drug.”  Therefore, the prosecution will look at objective factors of the defendant’s driving patterns to determine if the driver was under the influence of a drug.  Specifically, the prosecutor will see if the defendant was speeding, driving erratically, weaving between traffic or driving on the wrong side of the road.

If you or a loved one has been charged with driving under the influence, it is important that you immediately contact an experienced Southern California DUI defense attorney at Wallin and Klarich.  Our attorneys have over 30 years of experience in handling DUI cases and drug related matters.  The experienced attorneys at Wallin and Klarich will answer all your questions and work to achieve the best possible outcome in your case.  To speak with an experienced criminal defense attorney, please call us at 1-888-749-0034 or visit our website at www.wklaw.com.  We will be there when you call.

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California Vehicle Code section 23612 was recently changed to remove your ability to choose to take a urine test, instead of a blood or breath test, if you are arrested for driving under the influence (DUI). The law now requires that you take a blood test or breath test to determine the drug or alcohol content of your blood when arrested for a DUI. After the changes, a urine test may only be conducted when you are arrested for a DUI if a blood or breath test is not available (See California Vehicle Code 23612(a)(1)(A).

If you are lawfully arrested for driving under the influence of drugs or alcohol you are deemed to have given consent to chemical testing of your blood or breath. Further, if a blood or breath test is not available and therefore you must take a urine test, you are also deemed to have given consent to a urine test. If your blood alcohol content is measured over the legal limit and you are convicted of a DUI you could suffer severe consequences including fines and jail time.

If you have been arrested for a driving under the influence of drugs or alcohol it is important that you contact an experienced and knowledgeable DUI defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients against DUI charges and assisting clients to retain driving privileges. We will work with you to achieve the best possible results in your case. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Call us today at 1-888-749-0034 or visit our website at www.wklaw.com. We will be there when you call.

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Wallin & Klarich attorneys have handled thousands of DUI cases over the last 32 years. We are highly skilled at dealing with DUI cases as well as winning DMV hearings for our clients. We give both aspects of your case attention because we know how important your license is to you. We have been practicing DUI defense in Riverside County for decades and are very skilled in the procedures of the local Riverside courts.

According to California law, after you’ve been arrested for DUI, the arresting officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. However, you will be provided with a temporary license by the officer.

The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of your arrest. Your temporary license will be good until a decision is reached after your DMV hearing. The attorneys at Wallin & Klarich carefully comb through every report we receive looking for legal issues in your case to insure that we will be fully prepared for your hearing. We also work with the best forensic experts that we may call upon to testify at the hearing. Success is our goal and we pull out all the stops to assist you in keeping your license.

There are many factors that determine the outcome of a DMV hearing and having a highly skilled Riverside DUI and DMV Hearing Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUI for over 30 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

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If you are convicted of a DUI with a prior DUI conviction, or a prior “wet reckless” conviction within the last 10 years, the penalties are severe and include 5 years of probation, up to $2000 in fines, up to one year in county jail and an 18 month long alcohol program! Perhaps one of the most serious and impactful consequences is the suspension of your driving privilege!

If you are convicted of a DUI within 10 years of your previous DUI conviction, the new conviction triggers a two-year court suspension of your California drivers’ license. However, if the current conviction is for reckless driving, exhibition of speed, or some offense other than DUI, this court-triggered license suspension is avoided. Wallin & Klarich will do everything possible to attempt to have your case dismissed OR obtain a reduction in your charge!

If your blood alcohol level measured .08 or higher, or if you refused a blood or breath test, the DMV will also seek to impose its own one-year drivers license suspension for your second-time DUI conviction. This administrative suspension is separate from the court-triggered suspension. However, even if you suffer both suspensions, the total suspension period will not exceed two years.

You have the right to contest the administrative suspension. The experienced DMV hearing attorneys at Wallin & Klarich have successfully represented clients in hundreds of DMV hearings. Knowing how critically important a drivers license is to our clients we take special care in reviewing all the documents in your case and examining all legal issues very carefully! We also work with the best expert witnesses in the state–professionals who are the very best at finding errors in chemical tests and machines and devices that measure blood alcohol.

Wallin and Klarich has been helping people win their DUI and DMV legal matters in San Bernardino for over thirty years. We have represented thousands of clients charged with DUI and DUI related offenses and have been very successful in having the charges dismissed or reduced and having DMV suspensions set aside. The San Bernardino DUI defense attorneys at Wallin & Klarich are ready to take your case. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

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[1] The Operator or Maintenance Officer did not Comply with All of the Rules

California has judicially recognized rules and procedures to ensure the accuracy and reliability of breath testing. Accordingly, DUI defense lawyers focus their attacks on any violations of the rules that may affect the accuracy and reliability of their breath test results. If the operator or maintenance officer ignored, skipped, or otherwise violated an administrative rule, the breath test results should be suppressed.

[2] Residual Mouth Alcohol Affected the Reading

Undetected or unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. Various sources may contribute to mouth alcohol: substance ingested prior to the breath test or substance regurgitated or eructated (burped) from the stomach or gastroesophogeal reflux. By law, prior to conducting a breath test, an officer must continuously observe the suspect for 15 minutes.

[3] Interfering Substances Affected the Reading

Certain substances are so similar to ethyl alcohol that breath machines are unable to unable to distinguish them. As such, these interfering substances could inflate breath test results. If a person is diabetic or fasting, this may lead to a false reading on the DUI breath test.

If you or a loved one is facing a DUI charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich 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 888-749-0034 or through our website at www.wklaw.com. We will be there when you call.

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Before the California DMV can revoke your driver’s license, due to a California DUI arrest, there must be proof that you were “lawfully arrested.” A lawful arrest only takes place if the arresting officer can provide sufficient facts and evidence to establish probable cause. Allegations of a traffic violation is not, in of itself, probable cause to arrest. Although the allegation of a traffic violation may give an officer reasonable cause to stop your vehicle, additional evidence is generally required to make a lawful DUI arrest.

It is important to know that you only have 10 days from the date of your arrest to schedule a California DMV Hearing to contest the suspension of your driver’s license. By scheduling a DMV Hearing, you preserve your right to challenge the legality of any action taken on your license. At the DMV Hearing, your DUI attorney will have an opportunity to attack the surrounding facts and evidence of your case in an effort to save your drivers license from a lengthy suspension.

If you or a loved one has been arrested for any type of DUI in Orange County it is important that you contact a DUI defense attorney to represent you. Consulting with an Orange County DUI defense attorney upon arrest or early on in the investigation may protect you from the harsh consequences associated with a DUI. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases and have the knowledge and experience to assist you in your DUI case. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839. We will be there when you call.

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