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	<title>California DUI Defense Blog</title>
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	<description>Wallin &#38; Klarich</description>
	<lastBuildDate>Mon, 30 Apr 2012 17:29:42 +0000</lastBuildDate>
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		<title>OC Man Driving Wrong Way on Freeway Arrested on Multiple Charges, Including DUI</title>
		<link>http://www.wklawdui.com/blog/dui-defense/oc-man-driving-wrong-way-on-freeway-arrested-on-multiple-charges-including-dui/</link>
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		<pubDate>Mon, 30 Apr 2012 17:29:42 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Defense]]></category>
		<category><![CDATA[DUI Laws]]></category>

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		<description><![CDATA[Any Orange County DUI attorney will tell you that a police officer needs a legal cause to pull you over in order for any evidence collected during the course of a DUI investigation to be admissible during a trial. One of our associates managed to have all of the evidence in one of our clients [...]]]></description>
			<content:encoded><![CDATA[<p>Any <a href="http://www.wklaw.com/drunk_driving_overview_.htm">Orange County DUI attorney</a> will tell you that a police officer needs a legal cause to pull you over in order for any evidence collected during the course of a DUI investigation to be admissible during a trial. One of our associates managed to have all of the evidence in one of our clients cases dismissed because the evidence from the dashboard camera of the arresting officer’s vehicle did not corroborate what the officer wrote down in his report as to why he initially pulled over our client.</p>
<p>Unfortunately for a 31-year-old Santa Ana man, his DUI lawyer won’t be able to argue the same thing as he was arrested after driving the wrong way on two different freeways during a chase that ultimately led to a foot chase.  </p>
<p>Fernando Carbajal Villagrana was spotted by an off duty California Highway Patrol officer on his way into work traveling the wrong way on the 73 freeway. Villagrana then exited onto Harbor before ditching his car and making a run for it.  He was eventually caught and it was discovered that the car he was traveling in was also stolen.</p>
<p>Following his arrest, an investigation also revealed that several motorists had reported Villagrana to 911 operators traveling the wrong way on the 405 freeway.</p>
<p>In addition to being in possession of a stolen vehicle and evading arrest, Villagrana was arrested on suspicion of DUI.  While the <a href="http://www.wklaw.com/drunk_driving_sentencing_and_punishment.htm">punishments for DUI in California</a> are amongst the most severe in the country, in this instance, the DUI charge is the least of Villagrana’s worries.</p>
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		<title>Man Gets 5th DUI, 3 Years in Prison, On Wedding Night</title>
		<link>http://www.wklawdui.com/blog/dui-penalties/man-gets-5th-dui-3-years-in-prison-on-wedding-night/</link>
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		<pubDate>Tue, 24 Apr 2012 00:43:50 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>
		<category><![CDATA[DUI Penalties]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=725</guid>
		<description><![CDATA[A Laguna Niguel man gave an entirely new meaning to the idea of wedding crashing and will spend the next three years in state prison after crashing his SUV and getting a DUI hours after tying the knot with his wife at the county courthouse. Christopher Paul Shore, who has his Orange County DUI lawyer [...]]]></description>
			<content:encoded><![CDATA[<p>A Laguna Niguel man gave an entirely new meaning to the idea of wedding crashing and will spend the next three years in state prison after crashing his SUV and getting a DUI hours after tying the knot with his wife at the county courthouse.  Christopher Paul Shore, who has his <a href="http://bestorangecountyduiattorney.com/">Orange County DUI lawyer</a> on speed dial, was arrested on July 7th 2011 after pulling his SUV across 4 lanes of traffic on the I-5, down an embankment and into a tree.  His new bride was injured in the car wreck and Shore was charged with felony drunk driving.</p>
<p>Why it took just under a year for this case to reach sentencing isn’t entirely clear, but when the judge hearing the case found out that Shore has 4 other misdemeanor DUI convictions (the wedding day DUI was number 5), she deemed him to be a danger to society and threw the book at him.</p>
<p>Once an individual gets their 4th DUI in a ten year period, the DUI becomes a “wobbler”.  This means that prosecutors have the option to charge the DUI as either a misdemeanor or a felony.  A felony conviction carries a maximum of 3 years in prison, which is exactly what Shore got.  Shore will also have his driver’s license revoked for 4 years by the California DMV.</p>
<p>A misdemeanor conviction of a 4th or more DUI carries a maximum sentence of 1 year in county jail.  As you can see the difference between a felony and misdemeanor conviction is massive, and requires the services of an expert <a href="http://wklawdui.com">California DUI attorney</a> to get you the best possible result in your case.</p>
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		<title>PCH Traffic Accident Results in Two People Hospitalized, One Arrested for DUI</title>
		<link>http://www.wklawdui.com/blog/dui-penalties/722/</link>
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		<pubDate>Mon, 16 Apr 2012 17:58:55 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>
		<category><![CDATA[DUI Penalties]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=722</guid>
		<description><![CDATA[A traffic accident in Huntington Beach that could have ended up with much worse consequences than it did resulted in two people being rushed to the hospital and one person being charged with suspicion of DUI. The phones of Orange County DUI attorneys tend to ring a bit more on Monday’s following a weekend of [...]]]></description>
			<content:encoded><![CDATA[<p>A traffic accident in Huntington Beach that could have ended up with much worse consequences than it did resulted in two people being rushed to the hospital and one person being charged with suspicion of DUI.  The phones of <a href="http://www.wklawdui.com">Orange County DUI attorneys</a> tend to ring a bit more on Monday’s following a weekend of partying, and this Monday will be no exception.<br />
The identities of the individuals involved in the crash have not been revealed, but details of the accident have been. Police and fire crews responded to a call about a three car collision on Pacific Coast Highway Friday evening around 6:40 p.m.</p>
<p>According to the police report, one driver was traveling southbound at a high rate of speed.  That driver hit the center median, losing control and crashing into two other cars.  One of the cars flipped over, and the two passengers in that car were rushed to Hoag Hospital in Newport Beach.</p>
<p>No details have been released regarding the driver arrested on suspicion of DUI, however, that individual is facing very serious charges.  <a href="http://www.wklaw.com/DUI_causing_injury_sentencing_and_punishment.htm">Punishment for a DUI</a> involving great bodily injury to another person often carries a sentencing enhancement.  While a DUI is typically filed as a misdemeanor, if the DUI involves and accident that causes great bodily injury, prosecutors have the option to file the DUI as a felony.</p>
<p>A felony conviction carries with it a maximum sentence of 3 years in state prison.  A misdemeanor conviction would carry with it a maximum sentence of 1 year in county jail.  The individual’s drivers’ license would also be suspended for a period of 1 year. </p>
<p>California is amongst the most aggressive states when it comes to pursuing and punishing individuals arrested on suspicion of DUI.  When that alleged DUI involves a traffic accident, prosecutors are even more aggressive.  The consequences are too high to take your chances on your own.  Speaking to an aggressive <a href="http://www.wklaw.com">criminal defense attorney</a> who specializes in DUIs is an absolute must if you are ever charged with this offense.</p>
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		<title>DUI Arrest Made in Accident that Shut Down Busy California Freeway</title>
		<link>http://www.wklawdui.com/blog/dui-laws/dui-arrest-made-in-accident-that-shut-down-busy-california-freeway/</link>
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		<pubDate>Mon, 09 Apr 2012 22:21:04 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=720</guid>
		<description><![CDATA[A busy stretch of California highway was shut down over the weekend but was thankfully cleared up in time for the Monday morning commute after a fiery car accident involving a gas tanker. The driver responsible for the accident will be looking for a Ventura County DUI attorney, as he was arrested at the scene [...]]]></description>
			<content:encoded><![CDATA[<p>A busy stretch of California highway was shut down over the weekend but was thankfully cleared up in time for the Monday morning commute after a fiery car accident involving a gas tanker.  The driver responsible for the accident will be looking for a <a href="http://wklawdui.com">Ventura County DUI attorney</a>, as he was arrested at the scene on suspicion of DUI.</p>
<p>The accident happened in the late night hours on Saturday.  Hakop Maghakyan, 25, was traveling eastbound on the 134 freeway when he crashed into the back of a gas tanker.  According to police reports, Maghakyan was traveling at a high rate of speed, causing the tanker to overturn and burst into flames.  </p>
<p>Nobody was injured in the accident, but the fire did cause the 134 to be shut down until Sunday evening.  Police reports don’t indicate what Maghakyan’s blood alcohol content was at the time, but we can confirm that he was released from custody on Sunday.</p>
<p>Despite all of the damage done by Maghakyan, he is still only facing a misdemeanor DUI. However, the owner of the gas rig could file a civil suit seeking restitution for the gas that was lost in the crash.  A gasoline tanker holds approximately 8,800 gallons, so if it was full at the time of the crash, given today’s average gas prices, Maghakyan is looking at $40,000 in restitution in gasoline alone.</p>
<p>As far as the criminal case is concerned, it vital that Maghakyan find a great <a href="http://wklaw.com">DUI attorney</a>.  If he manages to be found not guilty of a DUI, it could help him in any civil litigation that may be filed against him down the line.</p>
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		<title>Police Officer Arrested for DUI While Driving his Police Cruiser</title>
		<link>http://www.wklawdui.com/blog/dui-penalties/police-officer-arrested-for-dui-while-driving-his-police-cruiser/</link>
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		<pubDate>Mon, 02 Apr 2012 22:25:37 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Penalties]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=717</guid>
		<description><![CDATA[Just about everyone has had that empty feeling in the stomach when they look into their rear view mirror to see the flashing red and blue lights of a police car. If you’ve had a drink or two, you probably start asking yourself if you know a good DUI attorney. But what if you are [...]]]></description>
			<content:encoded><![CDATA[<p>Just about everyone has had that empty feeling in the stomach when they look into their rear view mirror to see the flashing red and blue lights of a police car. If you’ve had a drink or two, you probably start asking yourself if you know a good <a href="http://www.wklawdui.com">DUI attorney</a>. But what if you are a police officer, driving in your police car and you look in your rear view mirror to see the flashing red and blue lights of one of your fellow officers.</p>
<p>That was exactly the case this past weekend in Texas when an officer dressed in plain clothes was pulled over and arrested on suspicion of DUI.  Police were tipped off that there was a tipsy police officer on the road when a concerned citizen reported seeing a man slumped over the steering wheel of a cruiser.  When sheriff’s deputies arrived on scene then found Officer Jacob Cuevas driving down the road.</p>
<p>The sheriff’s deputy that pulled over Cuevas reported that he smelled alcohol on Cuevas’ breath and reported that Cuevas demonstrated sign of being intoxicated.  Cuevas was off duty at the time of his arrest and at this point in the investigation, it is unclear what he was doing in his police cruiser.</p>
<p>In addition to facing fines, suspension of license, and potential jail time, Cuevas has been placed on administrative leave pending the outcome of the investigation and could ultimately be fired from the police force.</p>
<p>You don’t have to be a police officer to find your livelihood in jeopardy should you be arrested for suspicion of DUI.  In addition to the legal <a href="http://www.wklaw.com/drunk_driving_sentencing_and_punishment.htm">punishments for DUI</a>, the consequences that people face in their personal lives are often times much more sever.  That is why it is crucial that you contact a Southern California DUI attorney as soon as you are arrested.  Time is not on your side in these cases, and the courts aggressively pursue DUI convictions.</p>
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		<title>Singer Bobby Brown Arrested on Suspicion of DUI</title>
		<link>http://www.wklawdui.com/blog/dui-penalties/singer-bobby-brown-arrested-on-suspicion-of-dui/</link>
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		<pubDate>Tue, 27 Mar 2012 18:57:05 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[Blood Breath Alcohol Testing]]></category>
		<category><![CDATA[DUI Penalties]]></category>
		<category><![CDATA[First Time DUI]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=715</guid>
		<description><![CDATA[Bobby Brown, the ex-husband of the late Whitney Houston, was arrested yesterday afternoon in LA County on suspicion of DUI. Both Brown and Houston had a long, well documented, battle with drugs and alcohol, and it appears as though the former member of New Addition hasn’t beaten his demons. Like most DUI arrests, Brown was [...]]]></description>
			<content:encoded><![CDATA[<p>Bobby Brown, the ex-husband of the late Whitney Houston, was arrested yesterday afternoon in LA County on suspicion of DUI.  Both Brown and Houston had a long, well documented, battle with drugs and alcohol, and it appears as though the former member of New Addition hasn’t beaten his demons.  </p>
<p>Like most DUI arrests, Brown was stopped for a minor traffic violation, which led to a DUI investigation.  Brown was talking on his cell phone, which is illegal in California, which eventually led officers to investigate him for DUI.  Brown allegedly failed a field sobriety test and according to reports, blew a .12.</p>
<p>As <a href="http://www.wklaw.com/drunk_driving_overview_.htm">LA County DUI attorneys</a>, we always advise people to never submit to a field sobriety test.  It is perfectly legal to refuse, and the results can only be used against you as evidence by prosecutors later.  The only test that you have to submit to is a breath or blood test at the police station.  By law, you do not have to submit to any tests in the field, though failure to submit to test will almost certainly result in you getting arrested on suspicion of DUI.</p>
<p>For Brown, this is his second DUI.  His first came in 1996.  Because his first DUI occurred more than 10 years ago, it is highly unlikely that prosecutors will pursue heavier punishments.  However, if a second DUI conviction occurs within 10 year of the first conviction, an individual faces anywhere from 90 days to 1 year in county jail and up to a $1,000 fine.</p>
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		<title>Orange County Police Departments Arrest 64 on Suspicion of DUI over St. Patrick&#8217;s Day Weekend</title>
		<link>http://www.wklawdui.com/blog/dui-laws/orange-county-police-departments-arrest-64-on-suspicion-of-dui-of-st-patricks-day-weekend/</link>
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		<pubDate>Thu, 22 Mar 2012 19:01:53 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Checkpoints]]></category>
		<category><![CDATA[DUI Laws]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=712</guid>
		<description><![CDATA[St. Patrick’s Day was this past weekend, and while Orange County residents were out enjoying a pint or six of green beer, local law enforcements agencies were out in force trying to keep drunk drivers off the road. This week, Orange County DUI lawyers should see an uptick in calls as a multiagency task force [...]]]></description>
			<content:encoded><![CDATA[<p>St. Patrick’s Day was this past weekend, and while Orange County residents were out enjoying a pint or six of green beer, local law enforcements agencies were out in force trying to keep drunk drivers off the road.  This week, <a href="http://www.wklawdui.com">Orange County DUI lawyers</a> should see an uptick in calls as a multiagency task force arrested 64 individuals over the holiday weekend on suspicion of driving under the influence.</p>
<p>Most of the arrests were made at DUI checkpoints and the Orange County Sheriff’s department is claiming a victory as no DUI fatalities reported this weekend.  The taskforce involved the California Highway Patrol, OC Sheriff’s Department and multiple local police agencies.  The crackdown has been labeled as “avoid the 38” and officials say they plan more heightened presence over the upcoming Cinco de Mayo celebration as well as Memorial day at the end of May.</p>
<p>If you plan on going out on one of these weekends, it is important that you understand the laws that govern sobriety checkpoints.  First, law enforcement agencies must publish any upcoming sobriety checkpoint to the public.  Second, they must select cars to stop at random, keeping to a mathematical formula.  For example, they can only stop every 3rd car for questioning.  It is also important to know that police cannot stop you for questioning simply for trying to avoid a DUI checkpoint.  You must break some other traffic law, like making an illegal U-turn, for them to stop you and question you.</p>
<p>Knowing the laws that govern what makes a DUI checkpoint lawful or not is vital for your <a href="http://www.wklaw.com/areas-drunk-driving.html">Southern California DUI attorney</a> to understand.  As spring turns to summer, law enforcement agencies will continue to step up their efforts to keep drunk drivers off the road.  Know your rights and consult a DUI attorney immediately if you have been arrested on suspicion of DUI. </p>
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		<title>Amish Teens Crash Buggy into Police Car, Not Charged with DUI</title>
		<link>http://www.wklawdui.com/blog/dui-laws/706/</link>
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		<pubDate>Tue, 13 Mar 2012 19:33:10 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=706</guid>
		<description><![CDATA[As we showed last week, operating any motorized vehicle while intoxicated can result in a DUI. But as Orange County DUI attorneys, we can honestly say we’ve never seen anything quite like the story coming out of New York State. Four Amish teens were arrested and charged with underage possession of alcohol after crashing their [...]]]></description>
			<content:encoded><![CDATA[<p>As we showed last week, operating any motorized vehicle while intoxicated can result in a DUI. But as <a href="http://www.wklawdui.com">Orange County DUI attorneys</a>, we can honestly say we’ve never seen anything quite like the story coming out of New York State.  </p>
<p>Four Amish teens were arrested and charged with underage possession of alcohol after crashing their buggy into a police squad car.  The driver of the buggy was not charged with a DUI due to the fact that a horse bound buggy is not a motorized vehicle.</p>
<p>According to police reports, the buggy was changing lanes and apparently didn’t see the police car driving along side of it and crashed.  The buggy flipped over and thankfully, only one passenger suffered minor injuries.</p>
<p>The police report also indicated that one horse fled the scene.  No word on whether or not the horse was intoxicated as well.</p>
<p>While this particular story paints a comical picture, there is nothing at all funny about DUI.  It is a stressful experience to go through, and if convicted, it could cost as much at $10,000 in fines, classes and increased insurance rates.</p>
<p>There are several defenses that a <a href="http://www.wklaw.com">Southern California DUI attorney</a> can raise to help get you the best possible result in your DUI case.  While it is highly unlikely that they can prove you were driving a horse drawn carriage at the time of your arrest, being arrested for DUI is not a lost cause and is worth fighting, especially if you feel there were inconsistencies in the investigation that led to your arrest.</p>
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		<title>Man Charged with Driving Zamboni While Intoxicated</title>
		<link>http://www.wklawdui.com/blog/dui-penalties/man-charged-with-driving-zamboni-while-intoxicated/</link>
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		<pubDate>Mon, 05 Mar 2012 19:40:32 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>
		<category><![CDATA[DUI Penalties]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=704</guid>
		<description><![CDATA[Having been Orange County DUI attorneys for over 30 years, we were pretty sure that we had heard it all. Then this story out of Minnesota came across our desks, and we realized that we probably will always be surprised by new and outrageous ways that people get charged with DUI. Patrons at a local [...]]]></description>
			<content:encoded><![CDATA[<p>Having been <a href="http://www.wklaw.com">Orange County DUI attorneys</a> for over 30 years, we were pretty sure that we had heard it all.  Then this story out of Minnesota came across our desks, and we realized that we probably will always be surprised by new and outrageous ways that people get charged with DUI.</p>
<p>Patrons at a local ice rink in Apple Valley, MN called police reporting that the Zamboni driver was missing large chunks of ice on his passes and was crashing into the boards repeatedly.  When police arrived on scene, they discovered Joel Keith Bruss on the Zamboni trying to free the machine as it had gotten wedged against the boards.</p>
<p>Police questions Bruss and reported a strong smell of alcohol on his breath, then administered a sobriety test, which Bruss reportedly failed miserably.  After taking a urine test, Bruss’ alcohol content showed to be .32, four times the legal limit.  Police records show that Bruss has three other DUI convictions dating back as far as 1999.</p>
<p>In California, the <a href="http://www.wklaw.com/drunk_driving_sentencing_and_punishment.htm">punishment for multiple DUI convictions</a> is extremely severe.  If a person is convicted of a 3rd DUI in a 10 year period, they can server as much as 1 year in county jail and have their driving privileges revoked for up to 3 years.  A 4th conviction in a 10 year period can lead to a felony conviction and up to 3 years in jail.  The person’s driver’s license can also be suspended for 4 years. </p>
<p>While we’ve heard of people getting DUIs for operating a riding lawnmower while intoxicated, drunken Zamboni driving is a first for us.</p>
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		<title>What You Need to Know About DUI Checkpoints in California</title>
		<link>http://www.wklawdui.com/blog/law-information/what-you-need-to-know-about-dui-checkpoints-in-california/</link>
		<comments>http://www.wklawdui.com/blog/law-information/what-you-need-to-know-about-dui-checkpoints-in-california/#comments</comments>
		<pubDate>Thu, 23 Feb 2012 18:49:11 +0000</pubDate>
		<dc:creator>DUI Defense Attorney</dc:creator>
				<category><![CDATA[DUI Laws]]></category>
		<category><![CDATA[Law & Information]]></category>

		<guid isPermaLink="false">http://www.wklawdui.com/blog/?p=702</guid>
		<description><![CDATA[A DUI checkpoint in Garden Grove nabbed 2 alleged drunk drivers last night and cited 10 other drivers for license violations. In total, nearly 700 vehicles were pulled over. But as any Orange County DUI attorney will tell you, in order for any of the citations or arrests to hold up in court, the DUI [...]]]></description>
			<content:encoded><![CDATA[<p>A DUI checkpoint in Garden Grove nabbed 2 alleged drunk drivers last night and cited 10 other drivers for license violations.  In total, nearly 700 vehicles were pulled over.  But as any <a href="http://www.wklawdui.com">Orange County DUI attorney</a> will tell you, in order for any of the citations or arrests to hold up in court, the DUI checkpoints must adhere to strict rules.</p>
<p>First and foremost, any police department intent on putting up a DUI checkpoint needs to announce the location of the checkpoint in advance.  Also, for a checkpoint to be considered legal, officers must adhere to a mathematical formula when selecting which motorists to investigate.  For example, they must decide in advance that they are going to question every 3rd vehicle or 5th vehicle and then adhere to that random number.</p>
<p>Should your vehicle be selected, California law dictates that an officer can only conduct a brief investigation and look for signs of impairment.  If a driver does not appear to be impaired they must be allowed to drive on without delay.</p>
<p>All DUI checkpoints must be clearly marked with hazard lights and marked police cars.  It is also not legal for an officer to pull you over for turning around or trying to avoid a DUI checkpoint unless you violate a traffic law in doing so.</p>
<p>If you have been charged with a DUI as the result of a DUI checkpoint and you feel as though the checkpoint was not conducted in accordance with California law, it is imperative that you immediately contact a <a href="http://www.wklaw.com">criminal defense attorney</a>.  The estimated costs for a DUI conviction far exceed $10,000.   </p>
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