California DUI Defense Blog » Law & Information http://www.wklawdui.com/blog Wallin & Klarich Thu, 26 Jan 2012 20:29:53 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 4 Ways to Protect Yourself if Arrested for DUI http://www.wklawdui.com/blog/dui-defense/4-ways-to-protect-yourself-if-arrested-for-dui/ http://www.wklawdui.com/blog/dui-defense/4-ways-to-protect-yourself-if-arrested-for-dui/#comments Fri, 07 Oct 2011 17:42:30 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=639 If you are arrested by by cops or any law enforcement for a DUI in San Bernardino, it is imperative that you advise the officer involved the following:

1.    You invoke your constitutional rights to remain silent;
2.    Request that your San Bernardino DUI attorney be present during any and all interrogation or investigative questioning;
3.    You also do not consent to the search of your person, property or personal effects; and,
4.    You assert your right to three completed phone calls under the law.

It’s quite important to remain silent so that anything you say is not used against you in the court of law. If people understand that they have these rights and utilize them, it will certainly help in the long run in the defense of their case and assist the attorney handling the case in preparation of a proper defense.

All too often, people make the mistake of volunteering information after they have been read their Miranda rights and that will certainly come back to haunt them in the defense of their case. Don’t let this happen to you. Be educated and know your rights.

If you or a loved one has recently been charged with a criminal offense, it is important to contact an experienced San Bernardino criminal attorney to represent you against these charges.  At Wallin and Klarich, our San Bernardino defense attorneys have successfully represented many clients in this situation.  Call us at  1-888-749-0034 or visit our website at www.wklawdui.com

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]]> http://www.wklawdui.com/blog/dui-defense/4-ways-to-protect-yourself-if-arrested-for-dui/feed/ 3216 If I am convicted of a DUI in Los Angeles County will I have to install a Breathalyzer on my vehicle? http://www.wklawdui.com/blog/dui-defense/if-i-am-convicted-of-a-dui-in-los-angeles-county-will-i-have-to-install-a-breathalyzer-on-my-vehicle/ http://www.wklawdui.com/blog/dui-defense/if-i-am-convicted-of-a-dui-in-los-angeles-county-will-i-have-to-install-a-breathalyzer-on-my-vehicle/#comments Mon, 19 Sep 2011 23:03:25 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=608 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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]]> http://www.wklawdui.com/blog/dui-defense/if-i-am-convicted-of-a-dui-in-los-angeles-county-will-i-have-to-install-a-breathalyzer-on-my-vehicle/feed/ 3439 New Provisions Announced For Restricted Driver’s Licenses After Alcohol-Related DUI Offenses – California Vehicle Code Section 23152 http://www.wklawdui.com/blog/dui-defense/new-provisions-announced-for-restricted-drivers-licenses-after-alcohol-related-dui-offenses-california-vehicle-code-section-23152/ http://www.wklawdui.com/blog/dui-defense/new-provisions-announced-for-restricted-drivers-licenses-after-alcohol-related-dui-offenses-california-vehicle-code-section-23152/#comments Fri, 02 Apr 2010 05:00:02 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=427 It was recently reported that the California legislature amended existing DUI (driving under the influence) laws in accordance with the procedures for obtaining a restricted driver’s license. The new amended provisions will go into effect on July 1, 2010.

New provisions will require the DMV to advise a person who has been convicted of an alcohol-related DUI offense for the first or second time to apply for a restricted driver’s license after completing 90 days of a license suspension period.

If individuals have received their third alcohol-related DUI conviction within 10 years, they might be eligible to apply for a restricted driver’s license after completing 6 months of a driver’s license revocation period. This application for a restricted license will be subject to certain conditions, including a requirement that individuals must show proof of enrolment in an 18-month or 30-month DUI program, as prescribed by the law.

If you or a loved one was arrested for DUI, it is essential to contact an experienced San Bernardino DUI attorney who can provide clarity and quality representation in your DUI matter. Wallin & Klarich has over 30 years of experience successfully representing clients in DUI cases. Call us at (888) 764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced DUI attorneys today. Please visit us at www.wklaw.com. We will be there when you call.

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]]> http://www.wklawdui.com/blog/dui-defense/new-provisions-announced-for-restricted-drivers-licenses-after-alcohol-related-dui-offenses-california-vehicle-code-section-23152/feed/ 3447 How a DUI Conviction May Affect Your Current Job and Future Employment Opportunities – California Vehicle Code 23152 http://www.wklawdui.com/blog/dui-defense/how-a-dui-conviction-may-affect-your-current-job-and-future-employment-opportunities-california-vehicle-code-23152/ http://www.wklawdui.com/blog/dui-defense/how-a-dui-conviction-may-affect-your-current-job-and-future-employment-opportunities-california-vehicle-code-23152/#comments Wed, 31 Mar 2010 11:00:29 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=421 A conviction for driving under the influence has severe consequences. Not only can a DUI subject you to criminal penalties, but a conviction for drunk driving can drastically affect your lifestyle. It is critical that you speak with an experienced DUI attorney.

The majority of California workers rely on their personal transportation to get to work. A license suspension or other element of a DUI charge can put a current job in jeopardy or make looking for another job difficult. A DUI conviction can result in a suspended license, ignition interlock devices installed in your car, traffic school requirements, or other court orders that can delay the reinstatement of an individual’s license to drive. In addition, some types of employers have a policy of terminating employees for a single drunk driving offense. Some of these jobs include positions in local school districts or civil service jobs.

A person with a DUI may also have to report DUI convictions to future employers. Drunk driving convictions can create a stigma that discourages employers from considering an application. This liability may be greater in some types of industrial jobs where intoxication can be a serious issue, for example, in operating heavy machinery.

Statistics on Southern California drunk driving charges are staggering. Many thousands of residents in this area incur alcohol-related traffic violations and DUI convictions each year, and a high percentage of this community repeats the offense. With harsh penalties, and even harsher penalties for repeat offenders, it is important to consult an experienced Riverside DUI attorney. A DUI attorney will inform you of all of your options for minimizing the potential jail time or other severe penalties. The attorneys at Wallin & Klarich are highly experienced in handling DUI cases and will analyze the facts of your case and explain to you your options in detail. Our attorneys will also actively engage with the court system for the best chance at a speedy reinstatement of the defendant’s driving privileges.

If you or a loved one is facing a DUI charge, you can rely on the skilled California DUI defense lawyers at Wallin & Klarich. In helping those accused of crimes for over 30 years, Wallin & Klarich can guide those arrested for DUI as they figure out exactly what pending charges represent, what their legal consequences are likely to be, and how to minimize the damage. Wallin & Klarich can provide opinions on limiting legal liability. They can also guide defendants through the precise restrictions around their DUI to get a license reinstated earlier through hearings in state and municipal courts. Our DUI lawyers will help you argue your case before a judge for the best possible result. For more information about how the attorneys at Wallin & Klarich can help you, please call 888-764-2615 or visit www.wklaw.com. We will be there when you call.

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]]> http://www.wklawdui.com/blog/dui-defense/how-a-dui-conviction-may-affect-your-current-job-and-future-employment-opportunities-california-vehicle-code-23152/feed/ 3472 How an Experienced San Diego DUI Defense Attorney Can Help You – California Vehicle Code Section 23152 http://www.wklawdui.com/blog/dui-defense/how-an-experienced-san-diego-dui-defense-attorney-can-help-you-california-vehicle-code-section-23152/ http://www.wklawdui.com/blog/dui-defense/how-an-experienced-san-diego-dui-defense-attorney-can-help-you-california-vehicle-code-section-23152/#comments Mon, 29 Mar 2010 11:00:13 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=415 The city of San Diego is the ninth largest city in the United States and is nestled along the Pacific Ocean in Southern California. The area of San Diego has been inhabited for more than 10,000 years by the Kumeyaay Indians, and is a major cultural hub on the West Coast.

Although San Diego is regarded as a particularly safe community, driving under the influence (DUI) stops and arrests are common. Someone accused of DUI in San Diego will need the help of an experienced San Diego DUI defense attorney. When charged with DUI in San Diego, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled San Diego DUI defense attorneys have been defending the rights of those accused of driving under the influence for over 30 years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence in San Diego and are prepared to study every aspect of your case. Our DUI defense San Diego attorneys will zealously represent you in court and at your DMV hearing to help save your license. Our DUI attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a case evaluation at 1-888-764-2615 or visit us at www.wklaw.com. We will be there when you call.

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]]> http://www.wklawdui.com/blog/dui-defense/how-an-experienced-san-diego-dui-defense-attorney-can-help-you-california-vehicle-code-section-23152/feed/ 3445 School Bus Driver Arrested for Driving Under the Influence (DUI) and How an Experienced Southern California DUI Attorney Can Help You – California Vehicle Code Section 23152(a) and 23152(b) http://www.wklawdui.com/blog/dui-defense/school-bus-driver-arrested-for-driving-under-the-influence-dui-and-how-an-experienced-southern-california-dui-attorney-can-help-you-california-vehicle-code-section-23152a-and-23152b/ http://www.wklawdui.com/blog/dui-defense/school-bus-driver-arrested-for-driving-under-the-influence-dui-and-how-an-experienced-southern-california-dui-attorney-can-help-you-california-vehicle-code-section-23152a-and-23152b/#comments Wed, 24 Mar 2010 11:00:13 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=402 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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]]> http://www.wklawdui.com/blog/dui-defense/school-bus-driver-arrested-for-driving-under-the-influence-dui-and-how-an-experienced-southern-california-dui-attorney-can-help-you-california-vehicle-code-section-23152a-and-23152b/feed/ 3436 State Senator Arrested for Suspicion of Driving Under the Influence (DUI) and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Vehicle Code Section 23152(a) and 23152(b) http://www.wklawdui.com/blog/dui-defense/state-senator-arrested-for-suspicion-of-driving-under-the-influence-dui-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152a-a/ http://www.wklawdui.com/blog/dui-defense/state-senator-arrested-for-suspicion-of-driving-under-the-influence-dui-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152a-a/#comments Fri, 19 Mar 2010 11:00:00 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=386 It was recently reported that GOP State Senator Roy Ashburn was arrested on suspicion of driving under the influence (DUI). Senator Ashburn represents the 18th district of California, which includes Kern, Tulare, Inyo, and San Bernardino counties. Police pulled Ashburn over in Sacramento around 2:00 A.M. During their investigation, it was determined that Ashburn’s blood alcohol content was 0.14 percent, 0.06 percent above the legal limit of 0.08. Ashburn was subsequently arrested for drunk driving. The state-issued car Ashburn was driving at the time of his arrest was also impounded.

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. Ashburn 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) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

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]]> http://www.wklawdui.com/blog/dui-defense/state-senator-arrested-for-suspicion-of-driving-under-the-influence-dui-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152a-a/feed/ 3440 San Diego Charger Vincent Jackson Pleads Guilty to Second DUI Charge and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Vehicle Code Section 23152 http://www.wklawdui.com/blog/dui-defense/san-diego-charger-vincent-jackson-pleads-guilty-to-second-dui-charge-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152/ http://www.wklawdui.com/blog/dui-defense/san-diego-charger-vincent-jackson-pleads-guilty-to-second-dui-charge-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152/#comments Wed, 17 Mar 2010 11:00:43 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=379 It was recently reported that Vincent Jackson, wide receiver for the San Diego Chargers football team, pled guilty to his second driving under the influence (DUI) offense. Jackson was pulled over and cited for DUI in January of this year. Jackson was sentenced to five years probation, four days in jail, a $2,408 fine, 10 days of community service, mandatory attendance in a MADD (Mothers Against Drunk Driving) class, and involvement in the state’s multiple conviction program, which lasts at least 18 months.

Driving under the influence (DUI) charges are regulated under California Vehicle Code Section 23152. Driving under the influence is normally charged as a misdemeanor (though DUI can be charged as a felony if someone is injured in the crime). A second DUI conviction in 10 years results in an extremely harsh sentence. Very few misdemeanor convictions carry a mandatory jail sentence. While the minimum jail sentence is four days, some judges impose a harsher jail sentence, including 30, 60, and even 90 day jail sentences.

The aggressive Southern California criminal 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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]]> http://www.wklawdui.com/blog/dui-defense/san-diego-charger-vincent-jackson-pleads-guilty-to-second-dui-charge-and-how-an-experienced-southern-california-criminal-defense-attorney-can-help-you-california-vehicle-code-section-23152/feed/ 3434 Riverside Police Chief Resigns after Suspicion of Driving Under the Influence (DUI), But Is Not Given A Field Sobriety Test (FST) http://www.wklawdui.com/blog/dui-defense/riverside-police-chief-resigns-after-suspicion-of-driving-under-the-influence-dui-but-is-not-given-a-field-sobriety-test-fst/ http://www.wklawdui.com/blog/dui-defense/riverside-police-chief-resigns-after-suspicion-of-driving-under-the-influence-dui-but-is-not-given-a-field-sobriety-test-fst/#comments Mon, 15 Mar 2010 11:00:45 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=371 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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]]> http://www.wklawdui.com/blog/dui-defense/riverside-police-chief-resigns-after-suspicion-of-driving-under-the-influence-dui-but-is-not-given-a-field-sobriety-test-fst/feed/ 3431 Driving Under the Influence of Drugs – California Vehicle Code 23152 http://www.wklawdui.com/blog/dui-defense/driving-under-the-influence-of-drugs-california-vehicle-code-23152/ http://www.wklawdui.com/blog/dui-defense/driving-under-the-influence-of-drugs-california-vehicle-code-23152/#comments Fri, 12 Mar 2010 11:00:45 +0000 DUI Defense Attorney http://www.wklawdui.com/blog/?p=362 KTLA reported on a recent story that ended with a mother being charged with child endangerment and driving under the influence of drugs. The woman was allegedly on migraine medication and driving her daughter to school. The woman was driving at high speeds as well as weaving and going off of the road. The 11 year old girl in the car called her older sister when their mother would not pull over. The older sister then called the police and the California Highway Patrol was able to pull the woman over in Ventura. The woman was then arrested and charged.

Driving under the influence of drugs is treated very similarly to driving under the influence of alcohol. The California Vehicle Code Section 23152 (a) states the following in regards to driving under the influence: 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. When speaking of drugs, the law doesn’t distinguish between illegal drugs or legal prescription drugs.

It is important to retain an experienced DUI attorney in Southern California who understands the complex laws surrounding these types of charges. At Wallin and Klarich, our knowledgeable DUI attorneys can offer you an aggressive defense and will work to ensure that your rights are protected. Call us today at (888) 764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

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