california dui attorneys

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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Anyone who has been arrested and charged with Driving Under the Influence in California should always consider hiring a private criminal defense attorney to represent them in court. Competent defense attorneys know what to look for in police reports to build a defense to your case. One defense that should always be considered is a motion to suppress evidence under California Penal Code 1538.5

The most common way to attack a DUI is to file a motion to suppress evidence which challenges the initial stop of the defendant’s vehicle. Many times, police officers will make up reasons to pull over vehicles on a hunch that they will be able to make a DUI arrest. For example, some officers will stake out bars and pull people over simply because they left the parking lot of a drinking establishment. If a Judge rules that police did not have reasonable suspicion to pull the person over in the first place, then the arrest is unlawful and any evidence gathered by law enforcement after they pulled the person over would not be admissible at that person’s trial. In a DUI case, that inadmissible evidence would include any evidence of the person’s blood-alcohol content. Other potential evidence that would be inadmissible at trial could include any observations made by the police, odors of alcohol they might have observed, results of field sobriety tests, and any statements and/or admissions that the defendant might have made to the police. In a successful motion to suppress evidence, the prosecutor is typically left with little to no evidence to prosecute the defendant and all charges are typically dismissed.

It is important to know that any arrest in California without a warrant is presumptively unconstitutional. That means that the burden is on the prosecuting attorney to prove that the initial detention and subsequent arrest by the police was constitutionally justified. In order to do that, the prosecutor will have to subpoena the police officer who initially stopped the defendant’s vehicle to explain their reasons for doing so. Sometimes these officers have a hard time remembering the facts of the case and other times they have a hard time lying under oath when they know that they didn’t have a good reason to pull the defendant over. There are also times when an officer is simply a poor witness who isn’t credible and isn’t able to explain his actions under intense cross-examination by a competent defense attorney. In many of those cases a Judge will grant the motion to suppress evidence and the defendant will avoid a DUI conviction. Evaluating a case for a viable motion to suppress is just one of many good reasons to hire a competent criminal defense attorney to represent you in your DUI case.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence while in southern California, and are prepared to handle every aspect of your case. Our Southern California 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.

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It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING — not at the time of being TESTED. Because it can sometimes take between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested.

Commonly, it is an hour or more after the stop when the blood, breath or urine test is administered on the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit — but his actual BAC at the time of driving was below.

However, if a person is intoxicated while driving and is stopped, and is no longer absorbing alcohol, as time elapses his blood alcohol level would begin to fall, which means that any results from a blood, urine or breath test may be less than what the actual BAC was at the time the suspect was driving.

The rate of absorption of the alcohol, or timing of absorption, will vary greatly from person to person. This is due to many personal factors, including how much food a person had in his or her stomach at the time of the drinking, how much alcohol the person drank, and even the shape of the person’s stomach (which affects how quickly and efficiently food and liquids leave the stomach). This is why officers always ask exactly how many drinks were consumed, and most importantly, WHEN.

The prosecution can rely on a piece legislation that creates a presumption that the BAC level found at the time of testing was the same as when driving, as long as the test is done within 3 hours. This puts the burden on the Defendant to prove that the BAC was rising.

If you or a loved one is being charged with a DUI, you need an attorney who knows the law and who will fight for you in your criminal matter, but who is also aware of the consequences that may arise in regards to your driving privilege. The experienced California DUI defense attorneys at Wallin & Klarich will fight on your behalf to work toward the best possible outcome in your case. Call us at 1-888-764-2615 and visit us at www.wklawdui.com for more information.

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