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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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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(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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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 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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1. drive as nearly as practicable entirely within one lane of travel; and
2. to not move from that lane until such movement can be made with reasonable safety.

Based upon the specific facts and circumstances of your case, your Orange County DUI attorney will determine whether the officer observed “pronounced weaving” or merely a slight deviation from one’s own lane. Weaving in the roadway, even for a short distance and when the observation is made by an inexperienced police officer, may nevertheless furnish sufficient probable cause for a vehicle stop. However, an experienced DUI attorney knows how to effectively challenge DUI stops based solely on alleged weaving.

Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. Make sure you know your rights and that your rights are protected by hiring an experienced DUI attorney.

If you or a loved one have been accused or charged with a DUI in Orange 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 Orange County criminal defense attorney about your case.

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However, these holdings do not mean that an arrest for DUI is always legal without field sobriety testing. Each and every DUI arrest is unique and must be closely analyzed and investigated by your Orange County DUI attorney. Often times, the police do not have sufficient, objective evidence for the police to have probable cause to believe the DUI suspect was impaired. Just because you were arrested for a DUI does NOT mean you are guilty of DUI beyond a reasonable doubt. Probable cause and proof beyond a reasonable are two entirely different criminal law standards of proof.

Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. Make sure you know your rights and that your rights are protected by hiring an experienced DUI attorney.

If you or a loved one have been accused or charged with a DUI in Orange 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 Orange County criminal defense attorney about your case.

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When evaluating the constitutionality of a detention based on a tip to the police, it is important to note the distinction between “anonymous tipsters” (persons who telephone the police about a crime, but do not identify themselves and are not known to the police), and “citizen informants” (chance witnesses or crime victims who expose their identity). With regard to “anonymous tipsters,” there is no presumption of reliability attached to their reports. With “citizen informants,” however, the law recognizes a presumption of reliability. Regardless, any tipster and informant must provide underlying facts sufficiently detailed to cause a reasonable person to believe that a crime had been committed” People v. Ramey (1976) 16 Cal3d. 269.

If the officer making an enforcement stop does not know whether the tipster exposed his identity, then the source of the information must be treated as an “anonymous tip.” This is because the constitutionality of the detention turns on what the officer knew prior to the enforcement stop. It is critical to understand that a police officer can legally stop a motorist only if the facts and circumstances known to the officer support at least a reasonable suspicion that the driver has violated the Vehicle Code or some other law. If not, the stop may be deemed unconstitutional and the DUI case against may be dismissed entirely.

If you or a loved one have been accused or charged with a DUI in Orange 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 Orange County criminal defense attorney about your case.

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A “wet” reckless conviction occurs where the prosecution reduces a charge to the lesser included offense of reckless driving under California Vehicle Code section 23103. The term wet reckless does not actually appear anywhere in the statutes. Instead, under the provisions of CVC §23103.5, a §23103 conviction is specially permitted in a drunk driving case when the following conditions are met:
1. the defendant pleads guilty to a violation of §23103, in satisfaction of or as a substitute for, an original charge of non-injury drunk driving (§23152 not §23153);
2. the prosecutor states for the record a factual basis, including facts disclosing that alcohol or drugs were consumed; and,
3. the court advises the defendant that the reckless driving conviction will be treated the same as a drunk driving conviction in any future drunk driving case.

Upon a wet reckless conviction, a minimum 6-week educational component portion of the first offender drinking driver program may be required. In addition, county jail and fines are potential consequences of a wet and reckless conviction. It is important to understand that a wet reckless conviction counts as a prior conviction of drunk driving. Insurance companies may also treat it the same as a drunk driving conviction, raising rates for five to seven years. And for a person under 21, it means a one-year driving privilege suspension (CVC §13202.5). On the other hand, the fines can significantly less, and the school can be only 12 hours (as opposed to 3, 6, or 9 months).

If you or a loved one have been accused or charged with DUI in Orange 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 matter 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 Orange County criminal defense attorney about your case.

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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.

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