Field Sobriety Tests

Being arrested for drinking and driving can be scary and confusing.  You have many questions that you want answered.

Only an experienced DUI attorney can provide you with accurate information about your case and your possible defenses.  If you have been charged with a DUI or violated the DUI implied consent law, it is important for you to contact an attorney immediately.

California’s Implied Consent Law

The DUI implied consent law applies to you if you have been convicted of a DUI offense under sections 23140, 23152, or 23153 of the California Vehicle Code.

You will have to consent to a breathalyzer or other chemical test when an officer suspects you of drinking and driving.

If you refuse to submit to chemical testing your punishment could include:

• A fine
• Mandatory imprisonment if you are convicted of a DUI
• Revocation of your license for one year or more

However, what is important to understand is that you are not legally required to submit to the “hand held” “blow test” that the police officer requests you to submit to when you are first stopped by the officer. This is referred to as a “preliminary alcohol screening” device or PAS test. You have the legal right to tell the police officer you refuse to submit to this test. There is no penalty associated with that decision, other than it will likely upset the police officer and he will likely choose to arrest you where you will be required to submit to a blood or breathe test at the police station.

Contact A Southern California DUI Attorney

If you have refused to submit to chemical testing in violation of the DUI implied consent law, it is imperative that you contact a DUI defense attorney.

The punishments are severe and will negatively impact your daily life.  You need a defense attorney from Wallin & Klarich if you are going to obtain a positive outcome in your case.

If you have violated the DUI implied consent law or have any questions about your DUI, Wallin & Klarich can help.  Our skilled attorneys are familiar with all DUI and DUI causing injury laws in California.

We understand our DUI laws can be complicated.  You want an attorney that will be prompt and responsive to your needs.

Call us today at (888) 749-0034 to speak with a qualified DUI attorney today.  We will be there when you call.

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The typical DUI traffic stop is considered non-custodial, even if the driver is briefly detained. If there are Field Sobriety Tests (FSTs) given during that brief, non-custodial detention, Miranda generally does not apply and thus need not be read to a DUI suspect.

For Miranda to apply, the defendant must be: (1) in custody; (2) under interrogation; (3) by a police officer. DUI suspects and DUI defense attorneys alike may try and argue that during traffic stops, driver are not free to leave and therefore “in custody.” However, the U.S. Supreme Court passed a bright line rule that suspects on the roadside are not considered in custody for Miranda purposes until arrested by the officer or when the handcuffs go on the suspect.  A savvy DUI defense lawyer will present arguments that a suspect was clearly the focus of an investigation by police and therefore Miranda should have been read.

In order to make sure that your rights are accurately and aggressively defended after being charged with DUI in Southern California, you may want to contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at 888-764-2615 or visit www.wklaw.com to find out more about how we can help

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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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How An Experienced Southern California DUI Attorney Can Help You – California Vehicle Code 23152 (a)

It was recently reported that Riverside Police Chief Russ Leach resigned his post following a late night car accident. Leach hit a fire hydrant and continued to drive on until Riverside police pulled him over a few miles from the accident. At the time, Riverside police did not give Leach any type of field sobriety test (FST) and they did not issue any charges for suspicion of driving under the influence (DUI). However, Leach was at a local strip club drinking prior to the crash and Leach also stated that he was on prescription medication at the time of the accident. Leach stated he doesn’t remember the accident and “was disoriented on prescription drugs before the crash.” Leach claimed the prescription drugs were for a back injury.

Under California Vehicle Code 23152 (a), DUI charges are filed against someone who is driving under the influence of alcohol, drugs, or both. You can also be found to be under the influence of the prescription drugs. If you have a prescription, you should check with your doctor, pharmacist, or medication instructions to see whether it is acceptable to drive after taking the medication. DUI is a serious misdemeanor offense. If convicted, a defendant can be sentenced to fines, probation, license suspension, and possibly jail time.

The aggressive Southern California criminal DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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Allison Ross, who was once an anchorwoman at KFMB-TV from 1978 to 1989 and with KNSD 7/39 for two years in San Diego, was arrested and is facing misdemeanor DUI charges. She was arrested by her home in La Jolla after police observed her driving on the wrong side of the road. San Diego 10 News also reported that police had Ross perform a field sobriety test after pulling her over. She was taken to Las Colinas women’s jail in Santee.

It is important to understand your rights when you have been pulled over by police for a suspected DUI charge. You will be required to furnish the police with your driver’s license, proof of insurance, and proof of registration. However, know that you are not legally required to participate in field sobriety tests as did Ross in the story above. You can legally refuse to do them. In order for a field sobriety test to be admissible in court, it must be done voluntarily. You should never participate in any of these tests without consulting an experienced San Diego DUI lawyer.

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.

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