DUI Penalties

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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The short answer is yes. Driving under the influence of alcohol or drugs, whether they are  prescription medications or illegal drugs, places everyone who is on the  road at risk. Typically, a first time DUI does not send a person to prison, however, depending on the facts and injuries and other factors, even a first time offense could land you in serious trouble.  It is important to hire an experienced Southern California DUI attorney if you are charged with driving under the influence.

On July 2, 2011 a former sheriff’s deputy was given a sentence of 32 months in prison for multiple felonies, including DUI and injuring an elderly woman in an off-duty collision involving prescription medications. Allan James Waters, 37, of Laguna Niguel pled guilty back in April to twelve various felonies. He also pled to a sentencing enhancement for causing great bodily injury during a crash.

Waters was driving erratically, when he crossed over the middle lane and crashed into a car driving in the left lane. The victim’s vehicle was pushed onto the wrong side of the road. The female victim, who was the passenger in that vehicle, was taken to the hospital after sustaining injuries to her back.

Have you been charged with causing injury to another person while driving under the influence of prescription medications in violation of Vehicle Code section 23153(a)?

The prosecution must prove that:

1. You drove a motor vehicle.

2. When you drove, you were under the influence of a drug.

3. When you were driving, you also committed an illegal act or neglected to perform a legal duty. AND

4. This illegal act or failure to perform a legal duty caused bodily injury to another person.

You are under the influence if, as a result of taking a drug, your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person using ordinary care under similar circumstances.

If you or a loved one have been accused or charged with a DUI, 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 experience 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 about your case.

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The Ventura County District Attorney’s Office prides itself on the stiff penalties it imposes on those convicted of driving-under-the-influence.  Typically, on a first driving under the influence conviction, a person can expect fines, an alcohol program, and informal probation.  In Ventura County however, the punishments are typically more severe.

Driving-under-the-influence is codified under California Vehicle Code Section 23152.  It states in pertinent part that “it is unlawful for any person who is under the influence of any alcoholic beverage…to drive a vehicle”, and that “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.”

In Ventura County, those convicted of a driving-under-the-influence offense in Ventura, can expect, among other punishments, formal probation and jail time on a first time offense.

If you have been arrested or charged with a driving under the influence violation in Ventura County, The best way to ensure your rights are protected, is to hire a criminal defense firm familiar with Ventura County’s criminal courts.
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Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license.  The attorneys at Wallin & Klarich have been helping people keep their license 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 www.wklaw.com for more information.

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To be convicted the prosecutor must prove at the time of the driving of a motor vehicle that as a result of the consuming of an alcoholic beverage or taking a drug that your mental or physical abilities was so impaired as to not be able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances; or that a your blood alcohol level was .08% or more at the time of the driving.

If this is your first DUI, and if you are convicted then you are looking at minimum of 48 hours and a maximum of 6 months in the county jail; 3 years of informal or court probation; a Mother’s Against Drunk Driving “MADD” class; a DUI class which ranges from 3-9 months depending on your blood alcohol level; a fine of close to $2000.00; your driving privileges suspended by the DMV for up to 4 months.

If you or a loved one is facing a DUI, contact the DUI defense lawyers at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with DUI’s. 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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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.

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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.

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