Law & Information

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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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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Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments. They are far more likely to seize cars from unlicensed motorists than catch drivers under the influence.

According to the Orange County Register, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This revenue is divided amongst cities and towing firms. Police officers received about $30 million in overtime pay for DUI crackdowns in 2009.

Law enforcement officials and tow truck operators stated that vehicles are predominantly taken from minorities. Sobriety checkpoints often screen traffic within or near Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations.

The seizures defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across California have impounded more than 24,000 vehicles at checkpoints – the percentage of vehicle seizures has increased 53 percent compared with 2007.

Make sure your rights are accurately and aggressively defended. If your vehicle has been seized, or you are charged with DUI or driving without a license, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-764-2615 or visit www.wklaw.com to find out more about how we can help. We will be there when you call.

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In a recent ruling, the California Supreme Court found that those individuals charged with driving under the influence could challenge blood-alcohol findings based on the possible inaccuracies of Breathalyzer results. This ruling by the Supreme Court may potentially diminish the prosecution’s case against those charged with driving under the influence.

California Vehicle Code Section 23152 (b) states “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.” Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a Breathalyzer test.

The California Supreme Court held that the formula for converting breath to blood-alcohol levels might, in some cases be inaccurate. The court considered various factors that could be raised to challenge the results of a Breathalyzer test in defending a charge of driving under the influence.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive and experienced criminal defense attorney. Hiring an experienced Southern California DUI criminal defense attorney can greatly increase your chances of keeping your freedom, and ensuring you get the best possible result in your case. With over 30 years of experience, our attorneys will examine your case and fight for you. Call us at 888-764-2615 or go to our website at www.wklaw.com for more information. We will be there when you call.

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In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more.

This language begs the question: “What is a rebuttable presumption?” A rebuttable presumption means that the prosecution can assume that you had a .08 percent blood alcohol level at the time you were driving if, at any point within three hours after you were pulled over, you had a .08 percent or higher alcohol content. The assumption can be challenged by evidence offered by the defendant.

Practically speaking, this means that if you are pulled over by law enforcement and you refuse a breathalyzer test, law enforcement can take you into custody, and then at any point within three hours, perform a blood test.

This process can be very detrimental to defendants because blood alcohol levels peak over the passage of time. Thus, if you had your last drink 30 minutes before getting pulled over by law enforcement, it is likely that your blood alcohol level will not have peaked (be at its highest point) at the time you are pulled over. So, your blood alcohol content when you were pulled over could have been below .08 percent, but within 30 minutes (and definitely within 3 hours) it could be at or above .08 percent, leaving the prosecution with the rebuttable presumption that you had a .08 percent or higher blood alcohol content when you were driving.

While DUI cases seem relatively easy, they are in fact quite complex. For this reason, it is important to hire an experienced San Diego drunk driving defense attorney from Wallin & Klarich to defend your rights. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience handling DUI cases and have the skills and expertise to provide you with the best possible defense. Our attorneys are well versed in the science and mechanics of DUIs and have a good track record with our clients. If you or a loved one has been charged with a DUI, call an attorney at Wallin & Klarich immediately. Our attorneys can be reached by phone at 888-764-2615 or through our website at www.wklaw.com. We will be there when you call.

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According to the Orange County Register, four drivers were stopped and cited for driving immediately after having their driver’s license suspended or revoked. The Costa Mesa Police Department staked out courtrooms at the Harbor Justice Center in Newport Beach, California. They followed 16 DUI offenders who had just had their license suspended or revoked. Four out of the 16 ignored the judge’s order to cease from driving. The drivers were immediately stopped and cited for driving on a suspended/revoked license. Three of the cars were impounded.

Being convicted of a DUI is a serious offense. There is a wide range of punishments for a conviction of a DUI. You can be sentenced to time in county jail as well as lose your driving privilege. It is very clear that law enforcement agencies are devoting a tremendous amount of time to arresting drivers for drunk driving. It is considered a serious enough problem by the Costa Mesa Police Department to use the resources of several police officers to stake out DUI offenders at the courthouse.

If you or a loved one is charged with a DUI, it is essential that you talk to an experienced Orange County DUI criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in defending DUI cases. We will go over every single detail of your case to find the best possible defenses. We will work with you to achieve the best possible result in your case. Call us 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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A conviction for a DUI is an unfortunate event that can happen to the best of us. Its legal ramifications are serious – resulting in jail time, heavy fines, and the loss of driving privileges. Having a DUI conviction on your record can also be a source of embarrassment and can jeopardize your future employment or educational prospects.

However, it is possible to restore your good name. Our experienced California DUI expungement attorneys at Wallin & Klarich can do just that by helping you expunge your conviction. Under California Penal Code section 1203.4, a person who qualifies for expungement can have a court of law set aside the guilty verdict and, with certain limitations, release that person “from all penalties and disabilities resulting from the offense of which he or she has been convicted.” This can mean a clean slate for you, a fresh start.

At Wallin & Klarich, we have been handling DUI conviction cases with passion and vigor for over 30 years. Allow us to apply our extensive knowledge and experience in California DUI law in guiding you through the process of clearing your record. For more information regarding how the attorneys at Wallin & Klarich can assist you with your case, please call 888-764-2615 or visit www.wklaw.com today.

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As one of the premier DUI law firms in San Diego, we talk to many people who have been arrested for DUI’s. One of the frequent comments that we hear is that those arrested for (how can you not catch this obvious error of driving under the influence say that they did not feel intoxicated when they were driving. Many people think they are okay to drive, when in fact they are not.

The truth is that most people do not know when they are too drunk to drive. Some people drive because they are unsure whether or not they are too drunk to drive. Some actually feel like they are perfectly fine to drive. No one is ever sure of what their BAC level is before getting into the car. That fact alone should be enough to lean towards the side of caution. Even if you do not feel drunk, you still may have a BAC of .08% or more, which is enough to be found guilty for a DUI. So, the best thing to do after drinking alcohol, no matter how much alcohol you had, is to not drive. Period.

If by chance you do drive after consuming alcohol and you are arrested for DUI, make sure you contact a San Diego law firm that has years of experience successfully defending those accused of DUI’s. There are many defenses to a charge of DUI. Wallin & Klarich has been helping people charged with DUI in San Diego for over thirty years. Call us at 888-749-0034 or visit our website at www.wklawdui.com. We will be there when you call.

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San Diego 10 News reported on the arrest of William Carroll, a fan attending a San Diego Chargers football game on January 17, 2010. Carroll was removed from the stadium by police, taken to jail, and booked on suspicion of being drunk in public and resisting arrest. An off-duty police officer who was sitting in the same section as Carroll during the game reported his alleged disruptive behavior and drunkenness to police. Police came to the section and they reported that they had to forcibly take him into custody after he refused their requests to come with them. Some fans in the section sided with Carroll and Carroll has denied all allegations. 49 people were arrested at the stadium during the course of the game.

Under California Penal Code 647 (f), it is a misdemeanor for any person to willfully drink alcohol or consume drugs in a public place, and as a result, place him or herself in a condition where he or she is unable to exercise care for the safety of himself or herself, or for the safety of others. The person can also be guilty of this crime if he or she is drunk in public, and that person is interfering or obstructing the free use of sidewalks and other public ways. A public place is considered to be any place that is open and accessible to anyone who wants to be there. Penalties can include probation, jail time, and/or fines.

It is important that you contact a criminal defense attorney if you or a loved one is charged with being intoxicated in public. At Wallin and Klarich, our Southern California drunk in public defense attorneys have over 30 years of experience in handling all types of criminal matters, including alcohol-related matters. Our criminal defense attorneys will work aggressively to provide you with the best possible result in your case. We will walk you through the whole process and fully inform you every step of the way. Contact us today at 888-764-2615 or visit us on the internet at www.wklaw.com. We will be there when you call.

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In California, it is a crime to operate a vehicle while under the influence of drugs or while your blood alcohol level is equal to or greater than .08 percent (California Vehicle Code Section 23152). If convicted of a violation of Section 23152, you can face a fine up to $1000 and jail time up to six months. However, the judge has the option to grant probation instead of jail time. As a condition of the probation, you will not be able to operate a motor vehicle at any time with a blood alcohol concentration of .01 percent or greater as measured by a preliminary alcohol screening test or other chemical test (California Vehicle Code Section 23154).

Section 23154(c) of the California Vehicle Code states that a person who is on probation for a violation of Section 23152 or 23153 (both DUI sections) who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person. In other words, if you are on probation for a DUI and pulled over on suspicion of driving under the influence, you do not have a right to refuse a breathalyzer or other chemical test—you are deemed to have consented. If you still refuse to take a breathalyzer or other chemical test, your license could be suspended or revoked for anywhere from one to three years.

A DUI is a serious offense in California, and the state has instituted laws to ensure that the penalties are high for repeat offenders. 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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