DUI Defense

Very frequently in Orange County a DUI stop and subsequent DUI investigation will be prompted by a tip from another driver to police about an alleged “drunk driver” on the road. A DUI stop based on a “tipster” must be critically evaluated and scrutinized by your Orange County DUI defense attorney.

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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Depending on the facts of your case and the knowledge and experience of your Orange County DUI attorney, prosecutors may offer to reduce a drunk driving charge to a lesser offense of “wet” reckless, “dry” reckless, or maybe one or two infractions.

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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The law is clear. You are not required to submit to the “PAS” test when the police originally stop you and suspect you of driving under the influence. This is the test where the officers have a “hand held” device and ask for you to blow into it to obtain a reading as to your blood alcohol level. The only test you are required to take (or you could lose your driving privilege for one year) is the chemical test that the police ask you to take at the station.

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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The standard punishment for a first time DUI can vary greatly from county to county and can even vary significantly between different courthouses within a single county. The vast majority of DUI cases filed in Riverside County are filed in the Southwest Court and downtown Riverside Court, and the punishments are imposed in those two courthouses for a “standard” first DUI. A standard first DUI means that there was no traffic collision and that you’re blood-alcohol level was below .15%. If there was a traffic collision or were above .15% then the punishments will be increased.

If you plead guilty to a standard first DUI in Riverside or Southwest courts, the typical punishment would include 3 years of informal/summary probation, which means unsupervised probation and no probation officer to report to. The fines and fees would add up to approximately $2,250 total, which can usually be paid at a rate of $50/month after paying an additional $50 administrative fee. You will be required to attend and complete a 16 week DUI course which also requires you to attend a number of Alcoholics Anonymous meetings. The court will notify the DMV of the conviction and you will suffer a six-month suspension of your license. Finally, you will be ordered to serve 6 days in county jail which can be completed as straight time behind bars, through the work release or Sheriff’s labor programs, or via house arrest. This is the standard punishment for a garden-variety, first-time DUI in Riverside. Pretty harsh. If you have priors DUI convictions, were involved in a collision, or had a blood alcohol content of .15% or higher the penalties get even worse.

If you have been accused of DUI in Riverside County, you will need an experienced Riverside DUI attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime 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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Most DUI arrests begin with a traffic stop.  Once you have been pulled over, the police officer may conduct an investigation, after which they may arrest you and charge you with driving under the influence.  An officer needs probably cause to pull you over though.  In other words, you need to have violated a traffic law for the stop to be legal.  An experienced Orange County DUI lawyer can determine if the traffic stop was legal, and attempt to suppress all evidence against you for a DUI charge or any other subsequent charge that may be filed against you.

One common traffic violation is failure to use a turn signal.  Under California law, a driver must use their vehicle turn signal in the event any other vehicle may be affected by driver’s movement.  A driver in violation of this law may be stopped by a police officer, detained and a citation issued.  Also, if you are detained, a police officer may likely look for probable cause to investigate you or search your vehicle and may find contraband, such as drugs or alcohol.

An exception to this rule is if there are no other cars on the road.  For example, if you are driving late at night on an empty road and fail to signal prior to making a turn, there is no violation.  Therefore, if a police officer pulls you over for not using your turn signal when there are absolutely not other car on the road, and you are then subsequently charged with a crime, a Court must exclude all evidence of that crime at trial.

If you have been arrested as the result of a search conducted of your vehicle following a traffic stop, it is extremely important that you contact an experienced criminal defense attorney who can exclude the evidence at trial.  If you or a loved one is charged with a crime, you should contact our experienced defense attorneys at Wallin and Klarich.  We have been protecting the rights of individuals accused of crimes for over three decades.  You can call us at 1-877-466-5245, we will be there when you call.

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A police office can only pull you over if he/she has reasonable cause or suspicion that a crime/or traffic offense is being committed. The police cannot pull you over on a mere hunch or curiosity. In addition, the police cannot pull you over due to race, creed or national origin. These kinds of stops are strictly prohibited by the United States Constitution as well as the State Constitution.

Many times, officers may decide to “create” probable cause by mentioning some type of vehicle code violation such as speeding or making an illegal turn. While these are valid reasons to make a traffic stop, these reasons have to exist at the time of the stop and not be fabricated in the police report after the fact.

A trained and skilled Orange County DUI defense attorney would file a 1538.5 Motion to Suppress Evidence based on such an illegal stop. Any evidence of criminal activity found pursuant to an unlawful arrest would have to be thrown out of court under the Fourth Amendment and subsequently the case would be dismissed.

A 1538.5 Motion to Suppress Evidence can be utilized in various situations. As it pertains to traffics stops, it can be used to challenge the initial stop or the subsequent arrest. There must be probable cause in both cases in order for the evidence to be admitted before the court. Otherwise, as previously stated, ALL evidence gather during that stop will be thrown out (including observations made and noted by the officer as well as any tests performed during or after the stop).

It is critical that for the prosecution to establish probable cause in order for the charges to stick. The officer must have had a reasonable belief that you had/were committing a crime. Often times this standard is not met by the officers and prosecutions proceed where they should not.

We hope this provides you with some insight into your rights and how to avoid being unjustly prosecuted for a DUI charge arising out of an illegal stop. If you or a loved one needs help with a charge arising from a questionable traffic stop, it is imperative that you get a competent attorney immediately. Having been in practice for over 30 years, Wallin & Klarich will equip you with a highly skilled and aggressive attorney to provide you with the best possible defense. 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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If you are arrested by by cops or any law enforcement for a DUI in San Bernardino, it is imperative that you advise the officer involved the following:

1.    You invoke your constitutional rights to remain silent;
2.    Request that your San Bernardino DUI attorney be present during any and all interrogation or investigative questioning;
3.    You also do not consent to the search of your person, property or personal effects; and,
4.    You assert your right to three completed phone calls under the law.

It’s quite important to remain silent so that anything you say is not used against you in the court of law. If people understand that they have these rights and utilize them, it will certainly help in the long run in the defense of their case and assist the attorney handling the case in preparation of a proper defense.

All too often, people make the mistake of volunteering information after they have been read their Miranda rights and that will certainly come back to haunt them in the defense of their case. Don’t let this happen to you. Be educated and know your rights.

If you or a loved one has recently been charged with a criminal offense, it is important to contact an experienced San Bernardino criminal attorney to represent you against these charges.  At Wallin and Klarich, our San Bernardino defense attorneys have successfully represented many clients in this situation.  Call us at  1-888-749-0034 or visit our website at www.wklawdui.com

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Under California law, a driver is required to give his implied consent to submit to a chemical blood or breath test upon being detained on suspicion of driving under the influence.  It is mandatory that a driver submit to a  chemical test.  Refusal to submit to a chemical test can result in your driving privileges to be suspended.  If this happens, it is important to contact an experienced Orange County DUI attorney.

There are many different tests police officers can use to determine your level of intoxication; some tests are completely voluntary.  A police officer may use a preliminary alcohol screening test.  These are small hand held devices which are sometimes referred to as a breathalyzer.  A preliminary alcohol screening test is merely a way for the police officer to quickly gather data upon your initial stop, since a person’s level of intoxication may decrease over time.  A preliminary alcohol screening test is completely voluntary and not required.

However, a chemical evidentiary blood or breath test is mandatory and required.  A blood test is conducted at a local jail and not at a hospital.  For this to occur, the driver is placed under arrest and cited pending the outcome of the blood results.  A chemical evidentiary breath test can be large machine at the police station or can be a handheld device used at the scene of the stop.

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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Your alcohol level is one of many factors that must be considered in a DUI defense. Oftentimes individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect’s alcohol level is an important factor but several other factors must be analyzed and considered in the fight against a DUI conviction.

Some of the primary factors to consider with your Southern California DUI attorney include: (1) reason your vehicle was stopped in the first place; (2) statements to law enforcement at the scene of the DUI investigation; (3) performance of various field sobriety tests; (4) whether the officer followed proper procedure in making an arrest determination; (5) circumstances surrounding the testing of your alcohol content. These are only a few of the important factors used to successfully fight and beat a DUI charge.

Your manner of driving is an important factor. There is a big difference between speeding 130 mph on the freeway while swerving and not coming to a complete stop at a stop sign. Just because your vehicle was stopped does not mean your vehicle was stopped lawfully. In addition, no two DUI stops and investigations are alike. That is why it is so important to hire an experienced criminal defense attorney versed in the most current DUI laws and defenses.

The prosecution must prove numerous elements, beyond a reasonable doubt, to sustain a criminal conviction. Again, the answer is YES, you can absolutely fight and successfully defend against a DUI charge even if you were found to be driving while over the legal limit.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive.  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 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 criminal defense attorney about your case.

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When you are arrested for a DUI or any other crime, if you are released without bail you sign a written promise to appear on a specific date. When you fail to appear on that date that can act as a separate crime for failure to appear which is a misdemeanor offense and can result in a jail sentence.

In addition when you fail to appear the court will issue a warrant for your arrest called a “bench warrant” and will set a bail amount. The bail that the court will set can vary from $5,000 to as high as $50,000 depending upon the judge and the circumstances of your case.

When a warrant is issued for your arrest the court notifies the Department of Motor Vehicles and you will receive notice that your driving privilege will be suspended until you go to court and have the warrant recalled.

What can you do to resolve this problem?

You need to immediately retain a DUI defense attorney who has experience going to the court where your case is pending. The dui law firm can appear in court on your behalf and explain the circumstances to the judge and ask the court to “recall the warrant” and release you without having to post bail. Then your lawyer can enter a not guilty plea on your behalf and begin to aggressively defend you against the DUI charge. You never want to risk being taken into custody by the court after you have failed to appear in court on the date that was set. Be smart and retain an experienced DUI defense law firm. You will be glad you did.

If you or your loved one is currently facing a DUI call Wallin & Klarich. WK has been helping thousands of clients facing DUI matters all over southern California. Give us a call at 888-749-0034. We are available 24 hours a day 7 days a week.

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