DUI Laws

The Los Angeles Daily Journal Appellate Report recently reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia and informed him that he was required by law to submit to either a blood or breath test to determine his blood alcohol level. Garcia refused and his license was suspended even though he eventually completed a test showing his blood alcohol level to be at 0.28. The court found that Garcia’s delayed submission to a chemical test did not allow him to avoid the consequences of his initial refusal and that his license was properly suspended.

Under California Vehicle Code Section 13353, if you are arrested for driving under the influence and refuse to submit to, or fail to complete, a chemical test you will be subject to a suspension of your license for a period of one year. It is important to note that consent to a chemical test that is not clear and unambiguous may be deemed a refusal as well.

If you have previously refused a chemical test following an arrest for drunk driving, or if you have been arrested for reckless driving, underage drinking, or driving under the influence, within the past ten years, you will lose your driving privileges for two years. However, if any of these arrests or violations has occurred twice within the past ten years, your license will be suspended for three years.

Losing your license is very serious, especially in California where driving a vehicle is one of the only modes of transportation. If you or a loved one has been arrested for driving under the influence it is important that you retain our experienced legal representation immediately. The defense attorneys at Wallin & Klarich have been handling DUI cases for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Call Wallin & Klarich today at (888) 749-0034 and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

It was recently reported that the California legislature amended existing DUI (driving under the influence) laws in accordance with the procedures for obtaining a restricted driver’s license. The new amended provisions will go into effect on July 1, 2010.

New provisions will require the DMV to advise a person who has been convicted of an alcohol-related DUI offense for the first or second time to apply for a restricted driver’s license after completing 90 days of a license suspension period.

If individuals have received their third alcohol-related DUI conviction within 10 years, they might be eligible to apply for a restricted driver’s license after completing 6 months of a driver’s license revocation period. This application for a restricted license will be subject to certain conditions, including a requirement that individuals must show proof of enrolment in an 18-month or 30-month DUI program, as prescribed by the law.

If you or a loved one was arrested for DUI, it is essential to contact an experienced San Bernardino DUI attorney who can provide clarity and quality representation in your DUI matter. Wallin & Klarich has over 30 years of experience successfully representing clients in DUI cases. Call us at (888) 764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced DUI attorneys today. Please visit us at www.wklaw.com. We will be there when you call.

Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments. They are far more likely to seize cars from unlicensed motorists than catch drivers under the influence.

According to the Orange County Register, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This revenue is divided amongst cities and towing firms. Police officers received about $30 million in overtime pay for DUI crackdowns in 2009.

Law enforcement officials and tow truck operators stated that vehicles are predominantly taken from minorities. Sobriety checkpoints often screen traffic within or near Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations.

The seizures defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across California have impounded more than 24,000 vehicles at checkpoints – the percentage of vehicle seizures has increased 53 percent compared with 2007.

Make sure your rights are accurately and aggressively defended. If your vehicle has been seized, or you are charged with DUI or driving without a license, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-764-2615 or visit www.wklaw.com to find out more about how we can help. We will be there when you call.

It is important to understand that California imposes what is referred to as an “implied consent” law. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either your:

1. blood;
2. breath; or
3. urine (only in cases where you are suspected of driving under the influence of drugs).

This means that you are required by law to submit to a chemical test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI.

However, the hand-held Preliminary Alcohol Screening (“PAS”) test that may be offered at the scene of the vehicle stop, before you get arrested, is not mandatory under this or any California law. Understand that your submission to the PAS test on the side of the road does not absolve you of your legal duty to submit to a subsequent chemical test at the police station.

Although the PAS test is non-mandatory for adults, it is mandatory for those under 21. If you are under 21 and suspected of DUI, you are also deemed to have given consent to the PAS and an additional blood, breath, or urine test.

If you or a loved one has been charged with a DUI, it is critical that you talk to an experiences criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years experience in defending DUI cases. Our attorneys will defend your rights and fight for the best possible result in your case. Call us at 888-764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

California has two separate laws for DUI. One provision criminalizes “driving under the influence of drugs or alcohol (or both),” while the other provision criminalizes “driving with a blood alcohol level of .08 or higher.” Therefore, even if your blood alcohol level was under .08 at the time you were stopped, you may still be arrested and convicted of DUI if you were under the influence when stopped.

Under these circumstances, hiring an aggressive criminal defense attorney is critical. An experienced San Diego criminal DUI defense attorney may be able to convince the prosecutor not to file charges because they have a weak case, or may be able to get the charges reduced.

The DUI defense attorneys at Wallin & Klarich will look at the unique facts of your case and use them to aggressively fight the charges on your behalf. In addition, Wallin & Klarich will fight for you at the DMV hearing and try to keep your driver’s license from being suspended.

If you or a loved one has been arrested or cited for DUI, it is essential that you immediately contact an experienced Southern California DUI defense attorney. The attorneys at Wallin & Klarich have been handling DUI matters for more than 30 years, and know how to protect your rights in court and fight for your driving privileges with the DMV. Please contact Wallin & Klarich today at 888-764-2615 for a free case evaluation, and visit us on the web at www.wklaw.com. You may also visit our DUI page to learn more about the charges you are facing. We will be there when you call.