First Time DUI

If you are charged with a DUI in Orange County, you are facing some serious consequences, including possible jail time and large fines. Lawmakers attempt to deter first-time DUI offenders with strict punishments to prevent offenders from thinking about driving while intoxicated.

Potential Jail time

If you are convicted of a DUI, you may be imprisoned for up to 6 months in county jail.

In Orange County, you may also be sentenced to three years of probation. If you violate any of your probation terms while on probation, the court can revoke your probation and sentence you to county jail for up to six months.

The court may also require that you complete community service as part of your DUI sentence. Often times, community service is required instead of jail time. An experienced DUI defense attorney can help you successfully fight to avoid jail time in your case.

Fines and Fees

You also face a fine of between $390 and $1,000 for a first-time DUI conviction. The court will also charge other DUI-related fees, including:

• A penalty assessment
• Mandatory state restitution fine
• Alcohol abuse education fee
• DUI lab/blood alcohol penalty
• Alcohol & drug assessment program fee
• Probation revocation restitution fine
• Court operations fee
• Criminal conviction assessment fee per conviction
• Criminal conviction assessment fee per infraction; and
• Booking fee

These fees can add up to $2,000.

Loss of Driver’s License

Your DUI conviction will also lead to the Department of Motor Vehicles (DMV) suspending your driver’s license for six months. If you are convicted of a first-time DUI and are under the age of 21, your driver’s license may be suspended for up to one year. You may be able to apply for a restricted driver’s license, which only allows you to drive to and from work and to and from any alcohol program. If you retain a Wallin & Klarich attorney for your DUI case within 10 days of your arrest, we can demand a DMV hearing to potentially avoid the DMV suspending your license.

After your suspension period, you may have your driver’s license reinstated by the DMV. To get your license reinstated, you must go to the DMV and show that you have completed a DUI treatment program and paid all of your court-assessed fees. Then, you must pay a $55 reissue fee and a $100 administrative fee to the DMV to get your license reinstated.

Other Consequences

If you have a DUI conviction on your record, your car insurance company may cancel or significantly increase your insurance premiums. You insurance premium rates could increase by as much as $1,000 per year for seven years, totaling $7,000.

You will also have to take time off from work to attend court hearings for your DUI case. You will lose the income you would have received had you been at work during your court hearings. A DUI conviction can also cause you to lose your job or make it difficult for you to find a job. However, if you hire a Wallin & Klarich DUI Defense Attorney, we can appear in court hearings on your behalf (with the court’s permission), and so you do not have to appear in court and lose your income and job.

Orange County DUI Defense Attorney

The experienced Orange County DUI Defense Attorneys from Wallin & Klarich can help you to hopefully avoid a high percentage of these costs, as well as possible jail time and the suspension of your driver’s license. Fighting a DUI charge is difficult, but you do not have to fight your DUI case alone. You need the quality DUI Defense Attorneys at Wallin & Klarich to help guide you through this difficult process.

If you or a loved one has been charged with a DUI in Orange County, you need an experienced DUI Defense Attorney to represent you. The DUI Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases. We have the knowledge and experience to help assist you in your DUI case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us now at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.

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When you get arrested for a first time DUI in California, not only is your personal freedom at stake, but also your driver’s license. The follow may happen once you are arrested.

First Time DUI in California

The cop at some point is going to take your drives license away. When this happens, the cop will give you a pink slip o f paper. This pink slip of paper is your temporary license which is good for 30 days. It is also your notice that you have 10 days to schedule an administrative hearing with the DMV.

This administrative hearing, or an “administrative per se” hearing, is your opportunity to try and contest the validity of the arrest and save your license. The hearing entails presenting evidence and cross-examining the officer who cited you. You will need an attorney to argue on your behalf. If the hearing officer rules in your favor, then your license will not be suspended. However, if you lose the hearing, your license will be suspended for 4-6 months. This period of time is called the administrative suspension.

DUI Restricted License

If you lose your hearing, you can still seek a restricted license after 30 days into the suspension. A restricted license will allow you to commute to work or any necessary DUI classes. If you get a restricted license, you will be able to drive for these limited purposes for the remaining balance of the suspension period.

Once the suspension period is over, you can get your license reinstated. However, keep in mind that if you are convicted or plead to a Vehicle Code Section 23152 (DUI), your license will be suspended again for another 6 months.

California DUI Defense Lawyers

In California having your driver’s license suspended can mean the loss of your job as well as the inability to properly care for your children. Who will take them to school and to medical appointments? How will you get to the grocery store or your medical appointments? Nobody accused of a DUI should give up their driving privilege without hiring a lawyer to fight for them.

Our California DUI defense lawyers from Wallin & Klarich have been in practice for over 30 years and have defended thousands of clients in their DUI matters. We can help you through your ordeal with the criminal court and also appear for your DMV hearing. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

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Unfortunately there is rarely a simple answer when it comes to whether a DUI arrest or conviction will lead to termination of employment. Some employer’s are more lenient while others are extremely strict about DUI arrests.  Each and every employer is different and may have preexisting rules and regulations pertaining to an employee’s arrest or conviction record.

It is important to understand that a DUI arrest is not the same as a DUI conviction. When you are initially arrested for a DUI, you will likely be booked and fingerprinted at the police station. This booking process creates what is known as an “arrest record.”

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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 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.

As LA County DUI attorneys, 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.

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.

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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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Under current California state law, only certain DUI offenders are required to install ignition interlock devices (IID) in their vehicles as a condition of receiving restricted driving privileges. For example, courts are given the discretion to order first time DUI offenders with a blood alcohol content (BAC) level of 0.15 or greater to install an IID. It is important to note, however, that current law does not make ignition interlock devices mandatory for first time offenders.  An experienced DUI defense lawyer can help a person avoid installing one of these costly devices, however, if you are driving in LA County, a program has recently been introduced that would really crack down on DUI offenders.

A pilot program created by AB 91 makes it mandatory for everyone convicted of a DUI, whether a first time or repeat offender, to install an ignition interlock device in every vehicle they own and operate. For example, if you share a vehicle with your significant other or roommate, an IID must be installed in that car before you can drive it.

Only four counties are participating in the program: Alameda, Los Angeles, Sacramento and Tulare Counties. Some of the other requirements of the law include:

•    The individual must certify to the Department of Motor Vehicles (DMV) that the device has been installed in all of their vehicles before they can apply for a restricted driver’s license.

•    The individual must take the vehicle into the certified provider of the IID every 60 days for maintenance. Missing three or more of these appointments may result in the individual losing his or her driving privileges for an extended period of time.

The amount of time the device will have to remain in the car will depend on how many times the individual has been convicted of a drunk driving offense. For example, those convicted of driving under the influence of alcohol or drugs (Vehicle Code §23152) can expect to keep the IID for the following amount of time:

•    First time offenders: 5 months

•    Second time offenders: 12 months

•    Third time offenders: 24 months

•    Fourth time offenders: 36 months

If you drive a vehicle for work- you can get a waiver that allows you to drive work vehicles NOT equipped with the IID as long as you 1) Notify your employer that you are required under AB 91 to have an IID installed on your personal vehicle; and 2) Keep proof of that notice on you at all times you are driving that company vehicle without an IID installed on it.

The program is slated to run from July 1, 2010 to January 1, 2016.

If you or a loved one have been charged with a DUI contact the experienced Los Angeles criminal defense attorneys at Wallin &Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

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It was recently reported that Adam Kennedy, a former baseball player for the Anaheim Angels was arrested on Wednesday night on suspicion of driving under the influence by the California Highway Patrol. CHP reported that Mr. Kennedy was driving northbound on the 73 freeway in his pickup truck south of MacArthur Boulevard when CHP officers imitated a traffic stop at about 9:00 p.m. Subsequently, Mr. Kennedy was arrested.

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. Mr. Kennedy will likely be charged with a violation of both Vehicle Code sections 23152(a) and 23152(b).

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.wklawdui.com. We will be there when you call.

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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.

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