california driving under the influence lawyers

Fontana police made 11 arrests, impounded 91 vehicles and issued 121 traffic citations during a DUI checkpoint on Valley Blvd. that started at 6 p.m. ON 9/10/10 and lasted through 1:30 a.m. ON 9/11/10. Five arrests were for California driving under the influence, two were for felony drug charges and four were for outstanding warrants, according to a news release from the Fontana Police Department. Police screened 1,918 vehicles and stopped 167 at the checkpoint, located between Palmetto and Alder avenues on Valley Blvd. Vehicles were impounded for various reasons including driving without a license, the news release said.
DUI checkpoints are becoming more common and are an easy way for police to make multiple arrest for DUI and other various crimes such as driving on a suspended license. DUI checkpoints do have a number of guidelines that must be followed in order for them to be lawful. If you or a loved one has been arrested for DUI at a DUI checkpoint it is imperative that you consult with a knowledgeable criminal defense attorney to analyze your case. A Dui conviction can lead to probation, a drivers license suspension, or even jail time.
The law offices of Wallin & Klarich have been helping people facing criminal charges in California for over 30 years. If you or a loved one are fighting a criminal case then don’t hesitate to contact our offices for a free consultation. You’ll be glad you did. Call 800-749-0034 Now!

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It was recently reported in the OC Register that a woman was arrested on suspicion of drunk driving after she crashed into a parked pickup truck in front of a police cruiser. Jennifer Bowman, 36, was driving a black Acura when she crashed into a Toyota pickup. The parked truck suffered major damage in the collision.
Bowman will most likely be charged with driving under the influence. Under California Vehicle Code Section 23152, 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. The person can also be charged with a DUI if he or she was driving while having a BAC of 0.08% or more.

A first time conviction for a DUI can be punished by imprisonment in county jail for up to six months. The court will also issue a fine and suspend the driver’s driving privileges.

If you or a loved one is facing a charge for drunk driving, it is important that you speak with an experienced Los Angeles DUI attorney. At Wallin & Klarich, our Orange County DUI attorneys have over 30 years of experience. Our attorneys are highly knowledgeable in the most up-to-date DUI laws and will aggressively fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklawdui.com. We will be there when you call.

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The Los Angeles Daily Journal Appellate Report recently reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia and informed him that he was required by law to submit to either a blood or breath test to determine his blood alcohol level. Garcia refused and his license was suspended even though he eventually completed a test showing his blood alcohol level to be at 0.28. The court found that Garcia’s delayed submission to a chemical test did not allow him to avoid the consequences of his initial refusal and that his license was properly suspended.

Under California Vehicle Code Section 13353, if you are arrested for driving under the influence and refuse to submit to, or fail to complete, a chemical test you will be subject to a suspension of your license for a period of one year. It is important to note that consent to a chemical test that is not clear and unambiguous may be deemed a refusal as well.

If you have previously refused a chemical test following an arrest for drunk driving, or if you have been arrested for reckless driving, underage drinking, or driving under the influence, within the past ten years, you will lose your driving privileges for two years. However, if any of these arrests or violations has occurred twice within the past ten years, your license will be suspended for three years.

Losing your license is very serious, especially in California where driving a vehicle is one of the only modes of transportation. If you or a loved one has been arrested for driving under the influence it is important that you retain our experienced legal representation immediately. The defense attorneys at Wallin & Klarich have been handling DUI cases for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Call Wallin & Klarich today at (888) 749-0034 and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

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As recently reported by KTLA, Lindsay Lohan violated her bail provisions when her SCRAM bracelet detected the presence of alcohol in her system. After appearing at the MTV Movie Awards, she attended at least one after party, where it is suspected that her bracelet went off. Judge Marsha Revel, after meeting with Lohan’s attorney and the District Attorney, issued a bench warrant for Lohan’s arrest.

The judge ordered Lohan to wear the SCRAM bracelet following a May 24th hearing with the added condition of not consuming alcohol. For violating the conditions sets forth, Lohan forfeited her existing bail and the judge issued a bench warrant for Lohan’s arrest and set a new bail at $200,000, which is twice the previous amount. Within hours of the bench warrant, Lohan paid the bail and was discharged from police custody. If the judge determines that a violation had occurred, the judge could revoke Lohan’s bail and send her to jail.

Under California Penal Code § 1269b, the judge has discretionary authority to fix the bail amount for the defendant who has appeared before the court. Once the defendant has paid the bail, he/she shall be discharged from custody. If, however, the defendant fails to appear before the court or violates the bail provisions, the court may declare that the defendant has forfeited his/her bail. They may also issue a bench warrant for the defendant’s arrest and set a new bail at a higher amount.

If you or a loved one is facing criminal charges, it is important to be properly represented in a court of law. With over 30 years of experience, the attorneys at Wallin & Klarich understand the criminal legal system and can effectively defend your case. Our attorneys will raise every possible defense on your behalf to afford you the best possible outcome. Call us today at (888) 749-0034 begin_of_the_skype_highlighting              (888) 749-0034      end_of_the_skype_highlighting begin_of_the_skype_highlighting              (888) 749-0034      end_of_the_skype_highlighting or visit us online at www.wklaw.com. We will be there when you call.

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As the second post in our discussion of how you do not have to be drunk to be arrested for DUI, we start by providing a brief summary and timeline of the DUI arrest and investigation process:

First, the arresting officer will allege that something about your driving pattern or vehicle condition led him to lawfully stop your car. An actual vehicle code violation is most commonly cited, but NOT required to justify a stop. The legal standard required for a lawful stop is “reasonable suspicion.”

Next, the arresting officer will go on to further allege that you displayed the common “objective symptoms” of intoxication (odor of alcohol, slurred speech, red eyes, flushed face, etc). These objective symptoms can later be used at trial to help establish intoxication versus sobriety.

Finally, the officer will detail in his police report whether you passed or failed the roadside coordination tests (field sobriety tests).

DUI arrests and prosecutions involve complex legal and constitutional issues. If you or someone you love has been arrested for DUI in California, it is important to promptly contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklawdui.com for a consultation of your case. We can help you.

Read the concluding discussion of this blog subject in Part 3 of our series in the next posting.

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