DUI Laws

People v. Bennett (1983) 139 Cal.App.3d 767, holds that a person lawfully detained for drunk driving, and found to have symptoms consistent with intoxication, may be further detained for the purpose of administering field sobriety tests. In Marvin v. DMV (1984) 161 Cal.App.3d 717, the court held that an arrest, based solely on the fact of erratic driving coupled with a breath alcohol odor, may be legal even without field sobriety tests. Similarly, in People v. Deltoro (1989) 214 Cal.App.3d 1417, it was determined that the police had probable cause to arrest the defendant for DUI based solely on his odor of alcohol and his failure to negotiate a turn in the road while going 50 mph in a 15 mph zone.

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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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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Recently in Santa Ana, a young man was arrested on suspicion of vehicular manslaughter as well as felony hit and run, felony DUI. Police believe that Angel Alberto Cruz Perez, 23, was involved in the incident where a two year old boy was struck and killed by the driver of a Sports Utility Vehicle (SUV).

Police identified the 2 year-old boy that was killed as Darwin Almeida. On Wednesday, Darwin’s mother was attempting to cross Fifth Street in an unmarked crosswalk in the early evening hours with her two children. She was carrying her 1-year-old daughter in an arm while holding Darwin by the hand.

The SUV struck Darwin, pulling him underneath the SUV, while the mother and the 1-year-old hit the hood of the vehicle and then fell to the ground. Darwin was taken to a hospital, where he died from the injuries.

Police tracked the SUV to a mobile-home park and found Cruz Perez, who after failing a field sobriety test, admitted to driving the SUV.

Are you or a loved one facing similar charges? You will need to speak with an experienced criminal defense attorney immediately.

If you are charged with gross vehicular manslaughter, then the prosecution will need to prove that you:
1. Drove a vehicle; 2. While driving that vehicle, you committed a misdemeanor, infraction, or otherwise lawful act that might cause death; 3. You committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; and 4. Your grossly negligent conduct caused the death of another person.

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: 1. He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 2. A reasonable person would have known that acting in that way would create such a risk.

If you or a loved one is facing a charge of vehicular manslaughter and need to contact an Orange County DUI attorney, 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 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

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If a person is convicted of driving on a suspended license, and the suspended license resulted from a driving under the influence offense, the person will be required to install an interlock device on their vehicle for up to three years.

In California, driving under the influence is codified under California Vehicle Section 23152. This code section states that a person is guilty of driving under the influence if they have drugs and/or alcohol in their system, or if they have a blood alcohol level of .08 or greater.

If you are convicted for knowingly driving on a suspended or revoked California driver’s license due to a driving under the influence conviction under California Vehicle Code Section 14601.2, the Department Of Motor Vehicles will require the driver to install an interlock devise on their vehicle for up to three years.

An ignition interlock device is a mechanism is like a breathalyzer, installed to a motor vehicle’s dashboard. Before the vehicle’s motor can be started, the driver first must exhale into the device; if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration – usually 0.02% or 0.04% – the device prevents the engine from being started.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced Orange County DUI attorney like the ones a Wallin and Klarich. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

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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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An Orange County Man was sentenced last week to almost 20 years to life in prison for killing a woman while driving impaired Valentine’s Day 2010.  A jury convicted twenty-four-year-old, Gustavo Adrian Vega of second-degree murder. He was also found guilty of one count of felony hit-and-run resulting in death and one count of possession of cocaine.

Back in 2006, Vega was convicted of DUI and at that time was warned in court that if a future drunken driving crash resulted in someone being killed, he could be charged with murder.  Vega was driving on Flower Street in his vehicle which ran a red light and hit another vehicle. The victim, who was a passenger, died at scene.  A DUI can be raised to a second degree murder charge if there has been a prior conviction for DUI. A second degree murder charge carries with it a 15 years to life prison commitment. 

Are you or a loved one being charged with second degree murder as a result of a DUI arrest? You will need to contact an experienced Orange County DUI law firm like Wallin & Klarich. If you or a loved one is facing this charge and need to contact an Orange County DUI attorney, contact the criminal defense attorneys at Wallin and Klarich.  At Wallin and Klarich we 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 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

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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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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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If you have been issued a class A, B, or C drivers license with an endorsement issued pursuant 15278(a)(4) of the Vehicle Code, and are convicted of a DUI in California or any of the following scenarios occur; you will lose your commercial license for one year. This can lead to significant consequences, most importantly losing your livelihood and ability to provide for yourself or your family.  It is important to hire an experienced San Bernardino DUI attorney to handle these serious charges.

If any of the following scenarios applies to you, you could possibly lose your commercial drivers license.

•    You were a commercially licensed driver operating a non-commercial vehicle with a blood alcohol level of .08% or more.
•    You were operating a commercial vehicle as defined Section 15210 of the Vehicle Code with a blood alcohol level of .04% or more.
•    You were a commercially licensed driver operating a commercial or non-commercial vehicle and knowingly refused to or failed to complete a chemical test, when lawfully admonished.

In addition, if any of the three above occurs while transporting a hazardous material, the penalty is 3 years of revocation.  If it occurs a second time, whether transporting hazardous material or not; the licensee will lose their privilege to have a commercial license for life.

However, the California Department of Motor Vehicles will allow a commercial license holder to apply for a class C license after any of the three scenarios above occur.  After 30 days of a hard suspension, as long as the licensee has an SR-22 and takes a state approved alcohol program, the licensee will be granted a Class C, non-commercial license.

If you or a loved one have been accused or charged with DUI in San Bernardino 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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