DUI Penalties

In recent years, Super Bowl Sunday has become notorious for being the number one day for drunk driving-related incidents in California. In 2009, 11 people were killed and 163 people were injured in drunk driving accidents on Super Bowl Sunday. These figures are three and two times the normal daily average for the state. For the 2010 Super Bowl, county-wide police forces throughout California decided to increase its DUI patrols and checkpoints to prevent these accidents. Large concentrations of police in patrol areas and checkpoints are known as “saturation patrols,” and they are made to deter any potential criminal activity in areas where crime might occur. Nevertheless, in Orange County alone, more than 40 arrests for DUI were made during Super Bowl Sunday for 2010.

In California, a DUI conviction can result in a jail sentence, thousands of dollars in fines, and a license suspension. Multiple convictions will significantly increase these punishments.

If you or a loved one has been arrested for a DUI, contact our experienced San Diego DUI attorneys at Wallin and Klarich as soon as possible. Our knowledgeable and skilled San Diego DUI attorneys can help you through the complex court system surrounding DUI charges. Our attorneys will ensure that your rights are protected and that you understand the options available to you. Contact us today to begin working on your DUI defense. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.

It was recently reported that police in Illinois arrested Betty Burden, a school bus driver, for felony DUI. Police reported that Burden was pulled over while she was operating a school bus and had a blood alcohol concentration of 0.226, which is nearly three times the legal limit. More importantly, Burden was pulled over after having just dropped off 50 elementary school children ranging in ages from 5 years old to 12 years old.

Just like in Illinois, California punishes individuals who drive under the influence. Under California Vehicle Code section 23152(a), it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Therefore, if you are driving a vehicle and are pulled over by a police officer with a blood alcohol concentration of 0.08 or higher, you will be arrested with a DUI.

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, especially for those who need their driver’s license as a condition of their employment. Please call us at (888) 764-2615 or visit 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.

According to the Orange County Register, four drivers were stopped and cited for driving immediately after having their driver’s license suspended or revoked. The Costa Mesa Police Department staked out courtrooms at the Harbor Justice Center in Newport Beach, California. They followed 16 DUI offenders who had just had their license suspended or revoked. Four out of the 16 ignored the judge’s order to cease from driving. The drivers were immediately stopped and cited for driving on a suspended/revoked license. Three of the cars were impounded.

Being convicted of a DUI is a serious offense. There is a wide range of punishments for a conviction of a DUI. You can be sentenced to time in county jail as well as lose your driving privilege. It is very clear that law enforcement agencies are devoting a tremendous amount of time to arresting drivers for drunk driving. It is considered a serious enough problem by the Costa Mesa Police Department to use the resources of several police officers to stake out DUI offenders at the courthouse.

If you or a loved one is charged with a DUI, it is essential that you talk to an experienced Orange County DUI criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in defending DUI cases. We will go over every single detail of your case to find the best possible defenses. We will work with you to achieve 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.

In California, it is a crime to operate a vehicle while under the influence of drugs or while your blood alcohol level is equal to or greater than .08 percent (California Vehicle Code Section 23152). If convicted of a violation of Section 23152, you can face a fine up to $1000 and jail time up to six months. However, the judge has the option to grant probation instead of jail time. As a condition of the probation, you will not be able to operate a motor vehicle at any time with a blood alcohol concentration of .01 percent or greater as measured by a preliminary alcohol screening test or other chemical test (California Vehicle Code Section 23154).

Section 23154(c) of the California Vehicle Code states that a person who is on probation for a violation of Section 23152 or 23153 (both DUI sections) who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person. In other words, if you are on probation for a DUI and pulled over on suspicion of driving under the influence, you do not have a right to refuse a breathalyzer or other chemical test—you are deemed to have consented. If you still refuse to take a breathalyzer or other chemical test, your license could be suspended or revoked for anywhere from one to three years.

A DUI is a serious offense in California, and the state has instituted laws to ensure that the penalties are high for repeat offenders. If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

In California, it is a crime to operate a vehicle while under the influence of drugs or alcohol. The legal limit alcohol (measured in a percentage of blood alcohol content) is .08 percent. California Vehicle Code Section 23152(b) states that 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. However, Vehicle Code Section 23152(a) states 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.

The practical meaning of Section 23152(a) is that law enforcement does not have to prove that you are under the influence of drugs or narcotics until after they have pulled you over and formed a reasonable suspicion that you may be driving under the influence. It is easier for law enforcement to form a reasonable suspicion that you are under the influence of alcohol and the reasonably reliable breathalyzer test is a quick way to prove it one way or the other. However, in determining if you are under the influence of drugs or narcotics, law enforcement may not be able to readily determine what kind of drug or narcotic you may be under the influence of.

Law enforcement will usually look for side effects of drugs or narcotics to form their reasonable suspicion that the driver may be under the influence. Some common indicators are droopy eyes, bloodshot eyes, slurred speech, and slower motor skills. If officers “notice” any of these signs, they may ask to perform a field sobriety test or may even arrest you on the spot—without actual proof that you are under the influence of drugs or narcotics. Law enforcement can even arrest you for being under the influence of prescription drugs if they feel that the drugs are impairing your driving ability.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

In California, it is a crime to drive a vehicle while under the influence of drugs or while your blood alcohol content is equal to or above .08 percent (California Vehicle Code Section 23152). There are a number of consequences and punishments that accompany a first time DUI conviction.

Section 23536 of the California Vehicle Code provides that if a person is convicted of a first time DUI, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which must be continuous. Section 23536 also provides that a person cannot be imprisoned for more than 6 months and must be punished by a fine of not less than three hundred and ninety dollars ($390) nor more than one thousand dollars ($1000).

For a first time DUI conviction, a person who is punished by imprisonment in the county jail will have the option to serve that time on days other than days of regular employment. If the court determines that the 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court will allow the person to serve the imprisonment whenever the person is normally scheduled for time off of work.

In addition to the fines and the jail time, first-time offenders will have their licenses suspended until they have enrolled and successfully completed any and all alcohol awareness programs assigned by the court. The court will refer a first-time offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including education, group counseling, and individual interview sessions.

The court will refer a first-time offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.

Whenever a person’s license is suspended, the court will advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program has been received in the department’s headquarters. Even if charges have been dismissed, your license will remain suspended until the Department of Motor Vehicles is satisfied that you are a safe driver.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

Governor Schwarzenegger signed a bill – SB 598 – which will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle. The bill will impact both second-time DUI and third-time DUI offenders.

Under existing law, a person convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new SB 598 law shortens the 12-month period to 90 days. Similarly, under existing law, a person convicted of a third-time DUI who was required to serve 12 months of a three-year suspension before applying for restricted status must now wait only six months.

A suspended license prohibits your driving privilege entirely. A restricted license allows you to drive to and from work or school, and to and from a court-ordered DUI program.

Two critical elements of SB 598 include the following: (1) A person who wants to take advantage of the shortened period must install an ignition interlock device (IID) on any vehicle he or she drives and (2) the law does not go into effect until July 10, 2010.

Most individuals charged with DUI in Southern California are not aware of the most current DUI laws which may directly impact DMV-related driver’s license suspensions. At Wallin & Klarich, our aggressive Southern California DUI defense lawyers have been protecting the rights of those charged with DUI for many years and understand just how high the stakes can be against you. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

Having a driver’s license is practically a necessity living in Southern California.When the DMV issues you that license and you put your signature on the form, you are agreeing that you will submit to either a Breath or Blood test upon being stopped by a police officer for suspicion of driving under the influence.

It is important that people understand the consequences of refusing to submit to chemical test. The DMV can suspend your license for up to one year, and California Vehicle Code Section 23577 provides for harsher penalties upon a conviction for DUI if an individual refuses.

It is important to know your rights and the possible consequences of your actions when being arrested for DUI. If you have been charged with DUI in Southern California and have refused a chemical test, contact the experienced Southern California criminal defense attorneys at Wallin and Klarich as soon as possible. Our attorneys have been defending the rights of those facing criminal charges in California for over 30 years, providing us with the knowledge and resources to obtain a successful outcome in any criminal case. Call Wallin and Klarich today at 888-764-2615 for a case evaluation.