california drug dui

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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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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California makes it illegal to drive under the influence of a drug, or under the combined influence of alcohol and a drug. Being under the influence of an illegal drug is not required to be convicted of DUI drugs (California Vehicle Code 23152(a)).

You can be arrested and convicted for DUI when under the influence of legally prescribed medication or lawfully purchased non-prescription/over-the-counter drugs. The relevant inquiry is whether the legal or illegal “drug” has adversely affected your ability to operate a motor vehicle. It can be difficult for the prosecution to meet its burden of proof here.

If you or someone you know is facing DUI criminal charges in California, call Wallin & Klarich. Wallin & Klarich has over 30 years of criminal defense experience. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Also visit us on the web at www.wklaw.com.

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