DUI Penalties

A driving under the infulence conviction is one of the most stressful and burdensome criminal convictions a person can face. California continues to be one of the strictest states in terms of punishments imposed upon a person convicted of driving under the influence.

Driving under the influence is codified under California Vehicle Code Section 23152. It states in pertinent that it is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle, or it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Ventura County has perhaps some of the strictest probation terms in California. Among these terms are formal probation, fines and fees, and often significant jail sentences. A probation period can last up to five years.

If a person on probation violates the law, they face harsher punishments. While on probation for DUI, a probationer is prohibited from driving with any measurable amount of alcohol in their system.

If you or a loved one has been arrested, it is imperative you contact our Southern California DUI law firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep 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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When you are arrested for a DUI in Orange County, your driving privileges will be negatively affected. For first-time DUI offenders, the DMV will automatically suspend your license for 4 months. During this period, you are not permitted to drive a motor vehicle for any reason – doing so can result in a criminal charge.

You do, however, have the right to request a DMV Administrative Per Se Hearing to contest the suspension. Keep in mind that you only have 10 days after the arrest to make the request. Once you or your attorney schedules the hearing, the DMV will temporarily lift the suspension until the DMV makes a ruling from the hearing.

The DMV hearing essentially considers the validity of the traffic stop and determines whether or not the arresting officer had probable cause to make the arrest. You can hire an attorney to attend the hearing appearance for you and make arguments on your behalf (you, of course, would not need to be present). Although defendants in a DMV hearing rarely prevail, it is still worth pursuing.

If the DMV rules in your favor, no action will be taken on your license, which means you will be able to keep your license free and clear. However, if the DMV rules against you, the suspension will be re-instated.

For first-time DUI offenders, the DMV will allow you to get a “restricted license,” which will allow you to commute to work, school, or DUI classes. You will only be eligible to get a restricted license after the first 30-days of the suspension. Although you will be allowed to drive for limited purposes, if you decide to seek the restricted license, the DMV will extend the suspension period to 5 months from the time you are issued your restricted license.

If you are later found guilty of the DUI, you will also suffer a 6-month license suspension as ordered by the court. However, you will be allowed to get a restricted license immediately and you will receive credit for any license suspension time you did serve without getting a restricted license.

In any criminal matter, it is imperative that you are kept fully informed of consequences that stem from a criminal charge. For this reason, you need the legal aid and expertise of an Orange County DUI attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can keep you well informed while working to achieve the best possible result in your matter. 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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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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A wet reckless conviction in lieu of a DUI conviction will not vacate a DMV suspension unless the Court makes a finding of “not guilty” on the CVC §23152(b) or §23153(b) charge as opposed to just dismissing it. You must speak with an Orange County DUI attorney well versed in California DUI Law before entering a plea of guilty in any DUI case.

Even where a DUI charge is reduced by the prosecutor, the court and the DMV retain the authority for discretionary action under other statutes. Generally, the court is precluded by the plea bargain from giving a severe penalty. However, the DMV has authority to suspend one’s privilege to drive by identifying people with alcohol problems as negligent operators. A negligent operator is defined in the California Vehicle Code as any driver whose record shows a count of four (4) points in 12 months, six (6) points in 24 months or eight (8) points in 36 months.

Insurance companies and the DMV may treat a wet and reckless conviction the same as a DUI conviction. You will need to work closely with your Orange County DUI attorney to understand the positive and negative aspects of any plea agreement.

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 these types 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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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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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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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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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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Is my driver’s license suspended right away?

No.  If you have a California driver’s license in your possession then the officer will likely take your license and give you a pink temporary license that is good for thirty days.  If you take no action then your license will be suspended for four months after the 30th day.  If you request a DMV hearing within the ten days then you will retain full privileges to drive at least until the DMV hearing is decided.

What happens if charges aren’t filed by my initial court date?

It is not uncommon for the District Attorney’s office to have not filed a DUI case by the initial court date.  If this happens then you will likely receive a letter in the mail from the DA’s office advising you sometime after the initial court date that charges have been filed and what the new court date is.  If you don’t appear at court on the new date the judge will likely issue a warrant for your arrest.  The statute of limitation for a misdemeanor DUI is one year so if one year passes form the date of your arrest and the DA has not filed charges then they are statutorily barred from prosecuting you for that offense.

Should I hire a lawyer to help defend me against my DUI charges?

Absolutely.  A DUI arrest triggers two cases—one with the DMV and one with the court.  DMV hearings are very technical hearings where documents and testimony are submitted as evidence and legal skills are required in order to get the best possible results.  Public defenders are not available for DMV hearings and they are almost impossible to win without adequate legal representation.  It is also very important have an experienced private DUI defense attorney handle your DUI case in court if you are serious about fighting your DUI case.

If you or a loved one have been accused or charged with a DUI in Southern California, 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 these types 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.

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