If you are convicted of driving while under the influence (DUI), and you have two prior DUI convictions on your record within the past 10 years, you will face the punishment of a third DUI conviction. Here are some of the potential consequences you are facing:

Jail Time

Your third DUI conviction within 10 years will result in a jail sentence up to one year in county jail and a mandatory minimum of at least 120 days in jail. You may also be sentenced to up to five years of probation following any jail time you serve. 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 one year.

Fines and Fees

You also face a fine of between $390 and $1,000 for your third DUI conviction within 10 years. 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 third DUI conviction will also lead to the Department of Motor Vehicles (DMV) suspending your driver’s license for three years. Fortunately, you can obtain a restricted driver’s license that allows you to drive to and from work and to and from any alcohol program 6 months after your suspension period began if you were found to be only under the influence of alcohol for your DUI conviction. If drugs were involved in your DUI conviction, then you may apply for a restricted driver’s license one year after your suspension period began.

If the DMV decides to issue you a restricted driver’s license, you will be required to install an ignition interlock device on your vehicle. 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 three year suspension period, you may have your driver’s license reinstated by the DMV. To get your license reinstated, you must have completed a DUI treatment program and paid all of your court-assessed fees. You will have to pay a $55 reissue fee and a $100 administrative fee to the DMV to get your driver’s license reinstated.

Other Consequences

With a DUI conviction on your record, your car insurance company may significantly raise the rates of your insurance premium. Your insurance premium rates could increase by as much as $1,000 per year for up to seven years. That would mean an additional cost of $7,000 in addition to the court imposed fines.

In addition, you will be required to enter into a Multiple Offender Drinking Driver Program under California’s SB-38 program. This program is 18 months long and is required for people who have been convicted of DUI on more than one occasion within the past 7 years. You must complete this program before the DMV will re-issue your driver’s license.

A DUI conviction can also have negative effects on your professional life. You will be required to attend court hearings for your DUI case, which will mean that you must take time off from work. However, if you hire a Wallin & Klarich DUI Defense Attorney, we can appear in court hearings on your behalf (with the court’s permission), so you do not have to appear in court and lose your income and job.

San Bernardino DUI Defense Attorney

The experienced San Bernardino 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. We have the knowledge and experience to guide you through the court process and make sure you get the best possible outcome in your case

If you or a loved one has been charged with a DUI in San Bernardino, 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.

Driving while under the influence (DUI) causing injury is a violation of California Vehicle Code section 23153. A DUI causing injury results in more severe penalties than a DUI charge under California Vehicle Code section 23152. The punishments are even more harsh for a second DUI causing injury in Ventura.

Due to the seriousness of a second DUI causing injury charge in Ventura, you need to call a Ventura Wallin & Klarich attorney as soon as possible. Obtaining legal representation early in your case is the best way to prevent a lengthy jail sentence.

Sentencing and Punishment for DUI Causing Injury

The consequences for a second DUI causing injury are very serious. As a “wobbler” offense, a DUI causing injury in Ventura can be charged as either a misdemeanor or felony depending on the facts of your case and prior criminal history. The penalties for a second DUI causing injury offense are as follows:

• Misdemeanor DUI causing injury with a prior DUI conviction is punishable by up to one year in county jail and a $5,000 fine. In addition, your driving privileges will be suspended for three years.
• Felony DUI causing injury with a prior DUI conviction is punishable by up to 3 years in county jail

Defenses for a Second DUI Causing Injury in Ventura

Your skilled Ventura DUI causing injury lawyers from Wallin & Klarich can raise a number of defenses on your behalf, including:

• You Were Not Driving The Vehicle
• You Were Not Impaired
• Your Blood Alcohol Content (BAC) Was Under 0.08%; AND
• You Did Not Cause Injury To Another Person

By using these defenses, your Ventura Wallin & Klarich attorney may be able to get your case dismissed. Even in the most serious cases of DUI causing injury, your Wallin & Klarich attorney may be able to obtain a reduced sentence. Your Wallin & Klarich attorney can argue that your DUI causing injury charge should be reduced to a misdemeanor DUI conviction or another lesser crime.

DUI Causing Injury Defense Attorney

The Ventura DUI attorneys of Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense attorney who will carefully review the facts of your case and the law to give you the best representation possible. Our Ventura DUI attorneys will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245 or submit our intake form online. We will get through this together.

A second DUI conviction occurs when your present DUI conviction is within 10 years of a prior DUI conviction. A second-time DUI conviction in Riverside  is punished more severely than a first DUI conviction. Here is a list of potential consequences you are facing:

Jail Time

For your second DUI offense within 10 years, you could be facing up to one year imprisonment in county jail. You may also be sentenced to up to five years of probation following any jail time you serve. 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 one year.

Fines and Fees

You also face a fine of between $390 and $1,000 for your second DUI conviction within 10 years. 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 second DUI conviction will also lead to the Department of Motor Vehicles (DMV) suspending your driver’s license for up to two years. 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. Your insurance premium rates could increase by as much as $1,000 per year for seven years, totaling $7,000.

California’s SB-38 program requires people who have been convicted of DUI on more than one occasion within a seven year period to enter into an 18-month treatment and education program. Even if the court does not order you to go through this program, you must complete it before the DMV will re-issue your driver’s license.

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 for you (with the court’s permission) at the court hearings, so you do not have to appear in court and lose your income and protect your job.

Riverside DUI Defense Attorney

The experienced Riverside 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. We know what you and your family are going through. You do not have to fight your DUI case alone.

If you or a loved one has been charged with a DUI in Riverside, 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.

A violation of California Vehicle Code section 23153 occurs when a driver causes injury to another while driving under the influence. If you are charged with DUI causing injury, you may face jail time, fines, and a loss of your driving privilege.

If you have been charged with a DUI causing injury in Los Angeles, you need to call a Los Angeles Wallin & Klarich Attorney immediately. Hiring a Los Angeles Wallin & Klarich DUI Defense Attorney early in your case is the most effective way to protect you from a lengthy jail sentence.

Prosecuting a DUI Causing Injury Charge

To convict you of a DUI causing injury in Los Angeles, the prosecution must prove that:

1. You were driving the vehicle
2. You were under the influence of an alcoholic beverage or drug while driving
3. You committed an illegal act or neglected to perform a legal duty; AND
4. Another person was injured as a result of your actions

What does “driving under the influence” mean?

“Driving under the influence” means that the driver’s mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, as a result of drinking an alcoholic beverage, taking a drug, or a combination of both.

In California, it is illegal for you to drive a vehicle and commit an illegal act or neglect to perform a legal duty with blood alcohol content (BAC) over 0.08%. If your BAC was 0.08% or greater at the time of a chemical test performed within three hours of your driving, then it is presumed that you had a BAC over the legal limit at the time you were driving.

Sentencing for DUI Causing Injury in Los Angeles

The consequences for a DUI causing injury in Los Angeles can be severe. Depending on the circumstances of your case, you could face either misdemeanor or felony charges. A misdemeanor conviction will result in imprisonment in county jail for up to one year. A felony conviction will result in imprisonment in county jail for up to three years.

If you caused bodily injury or death to more than one victim, you may receive an additional one year sentence for each additional victim. The court may impose up to three one year enhancements for your DUI causing injury conviction.

A conviction for DUI causing injury will also be punished by a fine of between $390 and $1,000. In reality, the total court fines and fees will cost you about $2,000. Furthermore, your driving privilege will be suspended for one year.

DUI Causing Injury Defense Attorney in Los Angeles

The Los Angeles DUI Defense Attorneys at Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. Our Los Angeles DUI Defense Attorneys will help you defend your rights through every stage of the criminal process. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. We will fight for your freedom and make sure that you receive the best possible outcome in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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.

Under California Penal Code section 187, Watson Murder occurs when someone dies as a result of your driving under the influence of drugs or alcohol. In cases of Watson Murder, the prosecution can charge you with second-degree murder under California Penal Code section 187.

If you or someone you know is facing prosecution in Ventura for second-degree murder under the Watson Murder rule, you need to contact a Ventura Wallin & Klarich Watson Murder Defense Attorney immediately. The sentencing and punishment for a Watson Murder in Ventura can be severe but seeking legal representation early on in your case can ensure you the best possible result.

Watson Murder Prosecution

To charge you for second-degree murder under the Watson Murder rule, the prosecutor must prove the following:

1. You committed an act that caused the death of another person
2. When you acted, you had a state of mind called malice aforethought; AND
3. You killed without lawful justification

Causation

To convict you for Watson Murder, the prosecution must establish causation. Your act does not need to be the direct cause of death. As long as your act is a substantial factor in causing the death, the causation requirement is met and you could be convicted of second degree-murder under the Watson Murder rule.

Malice aforethought

For a Watson Murder conviction, the prosecution must also show you had the required mental state that must be formed before the act that causes death is committed. There are two kinds of malice aforethought, express malice and implied malice. For a Watson Murder charge, the prosecution typically attempts to demonstrate that you exhibited implied malice by proving the following:

1. You intentionally committed an act
2. The natural and probable consequences of the act were dangerous to human life
3. At the time you acted, you knew this act was dangerous to human life; AND
4. You deliberately acted with conscious disregard for human life

Intentional act

To be successful in a Watson Murder prosecution against you, the District Attorney must show that you intentionally committed an act that would likely result in harm to another human being. This requirement is usually met if you voluntarily drive a vehicle while intoxicated. The reasoning is that driving while under the influence of either drugs or alcohol poses a substantial risk of harm to both passengers in your own vehicle as well as other drivers sharing the same road.

However, the prosecution will want to establish that you had specific prior knowledge that driving while under the influence of alcohol or drugs was dangerous to human life. The way that this is normally accomplished is to show the jury that you were convicted of a prior DUI and at the time of your prior DUI conviction you signed a document acknowledging that you knew that driving under the influence was dangerous to human life.

Watson Murder Defense Attorney in Ventura

If you are facing Watson Murder charges in Ventura, you need to contact an experienced Ventura Watson Murder Defense Attorney who is dedicated to giving you the best representation possible. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, Wallin & Klarich has successfully represented clients facing prosecution for second-degree Watson Murder for over 30 years. Drawing from extensive experience, our talented Watson Murder Defense Attorney will carefully review your case and develop an effective defense strategy for your case. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

If you have been charged with DUI causing injury in Riverside (California Vehicle Code section 23153), you need to contact a Riverside Wallin & Klarich attorney right away because a DUI causing injury conviction carries much more severe punishments and penalties than a traditional DUI conviction (under California Vehicle Code section 23152). Hiring a Riverside Wallin & Klarich DUI Defense Attorney early on in your case is the most effective way to protect yourself from criminal liability.

Prosecuting a DUI Causing Injury Charge

To convict you of a DUI causing injury charge in Riverside, the prosecution must prove that:

1. You were driving under the influence
2. You committed an illegal act or neglected to perform a legal duty; AND
3. Another person was injured as a result of your illegal act or failure to perform your legal duty

Punishment for DUI Causing Injury in Riverside

The consequences for a DUI causing injury conviction can be harsh. The offense is considered a “wobbler.” This means it can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history.

Reduced Sentencing

Due to the significant discretion the prosecutor holds, you need to hire a Riverside DUI Defense Attorney at the earliest possible stage of your case since your attorney would know best how to influence the prosecutor’s decision-making process. Your experienced Riverside Wallin & Klarich DUI Defense Attorney can negotiate with the prosecutor to achieve the best possible result in your case.

First, a skilled Wallin & Klarich DUI Defense Attorney will attempt to persuade the prosecutor to drop the charges completely. If the prosecutor is unwilling to drop the charges, the attorney may successfully negotiate a reduction in the charge, from a felony to a misdemeanor.

Another possible reduction would be to a misdemeanor DUI conviction under California Vehicle Code Section 23152 that does not carry punishments as severe as a DUI causing injury conviction. Your Wallin & Klarich DUI Defense Attorney can also request a sentence of probation with no jail time.

Probation Terms

If the court grants probation, the terms may include:

1. A period of probation between three and five years
2. A requirement that you shall not drive a vehicle with any measurable amount of alcohol in your blood
3. A requirement that, if arrested for a violation of Section 23152 or 23153, you shall not refuse to submit to a chemical test of your blood, breath, or urine for the purpose of determining the alcoholic content of your blood; AND
4. A requirement that you shall not commit any criminal offense

Be sure to call a Riverside Wallin & Klarich DUI Defense Attorney to learn more about the court’s sentencing options.

Riverside DUI Defense Attorney

The Riverside DUI Defense Attorneys at Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. Our Riverside DUI lawyers will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

If you are facing charges for DUI causing injury in Orange County, you need to call an Orange County Wallin & Klarich DUI Defense Attorney as soon as possible. The consequences of a DUI causing injury conviction can be severe. Hiring an Orange County Wallin & Klarich DUI Defense Attorney early in your case is the best possible way to protect you from a lengthy jail sentence.

A violation of California Vehicle Code section 23153 occurs when:

1. You were driving under the influence
2. You committed an illegal act or neglected to perform a legal duty; AND
3. Another person was injured as a result of your illegal act or failure to perform a legal duty

When a driver causes injury to another while driving under the influence, he or she will face more severe punishments and penalties than he or she would for a traditional DUI charge under California Vehicle Code section 23152. A more detailed explanation of the sentencing and punishment for DUI causing injury is listed below.

Sentencing for DUI Causing Injury in Orange County

The consequences for a DUI causing injury can be serious. As a “wobbler” offense, a DUI causing injury in Orange County can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history. If the prosecution convicts you of a DUI causing injury, your driving privilege could be suspended for a lengthy period of time.

• Misdemeanor DUI causing injury is punishable by up to one year in county jail and a maximum $1,000 fine
• Felony DUI causing injury is punishable by up to 3 years in jail
• Prior DUI convictions will result in harsher penalties
• DUI causing injury to multiple victims is a felony punishable by an increased sentence of one year in jail for each additional victim
• Other fines and fees that the court will impose against you will likely add up to about $2,000

DUI Causing Injury Defenses

Your skilled Orange County DUI Defense Attorneys at Wallin & Klarich can raise a number of defenses on your behalf, including:

You Were Not Driving Vehicle

If you were not the person driving the vehicle when police officers arrested you for a DUI, then you will have a complete defense to your DUI causing injury charge.

You Were Not Impaired

The prosecutor must prove that you were impaired by alcohol, drugs, or both to convict you of a DUI. A skilled Orange County DUI Defense Attorney can argue that you were not impaired, which may lead to your charges being dismissed.

Your Blood Alcohol Content (BAC) Was Under 0.08%

If your BAC was over 0.08% at the time you were driving your vehicle, then you are over the legal limit and may be convicted of a DUI. However, a skilled Wallin & Klarich DUI Defense Attorney can challenge the chemical tests used to determine your BAC and get your DUI charges dismissed.

Emergency Doctrine

If your actions were forced by a sudden emergency situation, you may have a complete defense against your DUI causing injury charge. Your actions will be judged against the reasonable person standard. If a reasonable person who acted with ordinary care and judgment would have done the same thing in your situation, then you may have a complete defense to your case.

No Injury

If no injury occurred to another person during the alleged DUI incident, then you may not be convicted of DUI causing injury. You may still be liable for a DUI.

Probable Cause

The police officer who initially stopped you at the scene must have had probable cause to make the stop. If the officer did not have probable cause, then the traffic stop was likely unlawful and any evidence that resulted may be suppressed.

Improper Testing Procedures

Your Wallin & Klarich DUI Defense Attorney can argue that the police did not follow the proper procedures in administering a chemical test to determine your BAC. For instance, if the officer did not constantly recalibrate the breathalyzer, it may not accurately report your BAC.

Rising BAC

You may be able to prove that you were not over the legal BAC limit at the time you were driving if your BAC was slightly over 0.08% at the time of the BAC reading. Since alcohol takes time to metabolize in your body, the BAC reading may show a higher level of alcohol in your bloodstream even though you may have been under the legal limit five minutes prior to your breathalyzer test.

Mouth Alcohol

If there was still some alcohol in your mouth when you submitted to the breathalyzer test, there may be an inaccurate BAC reading. Burping and vomiting can cause alcohol to appear in your mouth, which could lead to an inaccurate BAC reading.

Miranda Rights

An arresting officer has a legal duty to notify you of your Miranda Rights after you are “in custody.” Before doing so, the officer cannot legally question you. Your Miranda Rights include, without limitation: (1) the right to remain silent and (2) the right to have an attorney present. If you were not read your Miranda Rights, then any incriminating statements you make may be suppressed and deemed inadmissible at trial.

Orange County DUI Defense Attorney

The Orange County DUI Defense Attorneys of Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. If you or someone you know has been accused of this offense, you need to contact an experienced Criminal Defense Attorney who will carefully review the facts and the law to give you the best representation possible. Our Orange County DUI Defense Attorneys will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

A violation of California Vehicle Code section 23153 occurs when a driver causes injury to another while driving under the influence. If the driver causes injury to another, he/she will face more severe punishments and penalties than he/she would for a traditional DUI charge (under California Vehicle Code section 23152).

If you are facing charges for DUI causing injury in Victorville, you need to call a Victorville DUI defense attorney immediately. Hiring a Victorville DUI defense attorney early on in your case is the best possible way to protect you from a lengthy jail sentence.

DUI Causing Injury Prosecution

To convict you of a DUI causing injury charge in Victorville, the prosecution must prove that:

1. You were driving under the influence
2. You committed an illegal act or neglected to perform a legal duty; AND
3. Another person was injured as a result

Punishment for DUI Causing Injury in Victorville

The punishment for a DUI causing injury can be harsh. This offense is considered a “wobbler.” This means it can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history. If you are convicted of a DUI causing injury, your driving privileges could be suspended for a lengthy period of time.

• Misdemeanor DUI causing injury is punishable by up to a year in county jail and a maximum $1,000 fine
• Felony DUI causing injury is punishable by up to 3 years in jail
• Prior DUI convictions will result in harsher penalties
• DUI causing injury to multiple victims is a felony punishable by an increased sentence of one year in jail for each additional victim

Your experienced Victorville DUI defense attorney will work to achieve the best possible result in your case. A skilled Wallin & Klarich DUI defense attorney will attempt to persuade the prosecutor to drop the charges completely. If the prosecutor is unwilling to drop the charges, the attorney may successfully negotiate a reduction, from a felony to a misdemeanor charge. Another possible reduction would be a misdemeanor DUI conviction under California Vehicle Code Section 23152.

Defenses to DUI Causing Injury

Although the punishment for DUI causing injury in Victorville can be severe, there are a number of defenses your Victorville DUI defense attorney can use on your behalf, including:

• Defendant Was Not Driving Vehicle
• Defendant Was Not Under the Influence
• Defendant’s BAC Was Under 0.08%
• Emergency Doctrine
• No Injury
• No Probable Cause to Arrest
• Improper Testing Procedures
• Rising BAC
• Mouth Alcohol
• Failure To Read Miranda Rights

By using some or all of these defenses, your Victorville DUI defense attorney may be able to get your case dismissed.

Victorville DUI Causing Injury Defense Attorney

The Victorville DUI defense attorneys from Wallin & Klarich have successfully defended DUI-Causing an Injury cases for over 30 years. Our Victorville DUI lawyers will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at 877-4-NO-JAIL or 877-466-5245. We will get through this together.

California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle with ordinary negligence that results in the unlawful killing of a human being. The sentencing and punishment for vehicular manslaughter in Orange County can be severe.

When charged with a serious crime such as vehicular manslaughter in Orange County, you need an experienced criminal defense attorney that will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that your homicide lawyers at Wallin & Klarich can raise on your behalf:

Defenses to Vehicular Manslaughter in Orange County

Your actions were reasonable

In order to convict you of vehicular manslaughter, the prosecution must prove that you acted with ordinary negligence. This means that you committed an act that a reasonable person would not have done, or in the alternative, that you failed to do something that a reasonable person would have done in the same circumstances.

After going over the facts of your case, your Orange County Wallin & Klarich defense attorney can argue that your actions under the circumstances were reasonable and therefore not negligent.

Your actions were not a substantial factor in the cause of death

In order to convict you of vehicular manslaughter, your actions must have been a substantial factor in causing the death of another person. A number of factors are involved in an automobile accident, any one of which could be a substantial factor in causing the victim’s death. Thus, if the causal link between your actions and the death of another is weak, this defense can be successful.

Your experienced Orange County Wallin & Klarich defense attorney can argue that your actions were not a substantial factor in the death of the alleged victim.

You did not drive the vehicle

In order to be found guilty of this offense, you must have been driving the vehicle at the time the act causing the victim’s death occurred. If there is a dispute as to whether you were driving the vehicle, this defense applies. In order to prove that you were the driver, the prosecution will use any statements that you made to the police indicating that you were driving at the time of the accident. Since these statements can most likely be used against you in court and can be detrimental to your case, it is important to speak with an Orange County Wallin & Klarich attorney before you reveal any information to the police.

Even if the vehicle was registered in your name or you were seen driving the vehicle on a previous occasion, this does not mean that you were the driver. If there is any reasonable doubt as to whether you were the driver of the vehicle, this defense could be successful.

Orange County Vehicular Manslaughter Attorney

If you are looking for a Orange County vehicular homicide defense lawyer to represent you, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, our highly skilled and professional Orange County Vehicular Manslaughter Attorney will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.

Call us today at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.