california dui defense attorney

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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Brittany Deanne Schuetz, 21, was sentenced to 15 years to life in prison for the DUI murder of April Junhee Whang, a 26-year-old Fullerton woman in 2009. Schuetz had previously been convicted of drunk driving in 2007 and had completed subsequent alcohol education programs.

On New Year’s Eve 2009, Schuetz sped through a red light and struck Whang’s car, killing her instantly. When police arrived, they reported the smell of alcohol on Scheutz’s breath. They also noticed bloodshot and watery eyes. Her blood alcohol content was measured as 0.24, three times the legal limit. Earlier that evening, Schuetz had consumed alcohol at a party and was driven to her car. Schuetz then got into her car and drove home, ignoring her friends’ please to not drive. Because of this, Schuetz was convicted of second-degree murder in February under the legal theory that she knew driving under the influence was dangerous to life because of her prior drunk driving conviction but did it anyway.

Under the California Vehicle Code 23152, it is illegal to drive a vehicle while under the influence of any alcoholic beverage or drug, or any combination thereof. It is also illegal under this section to drive a vehicle with a blood alcohol content of 0.08% or more. In most DUI cases, the judge and prosecuting attorney are much more likely to increase punishment when there is an accident involved. The punishment is also likely to be more severe when there is significant damage done or when a work-related vehicle is involved.

If you or a loved one have been arrested for DUI, you should speak with a DUI attorney as soon as possible. An experienced DUI defense lawyer can provide you with the best advice on how to proceed with your case and present the best defense. At Wallin & Klarich, we have represented people accused of DUI for over 30 years. Call us at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

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Allison Ross, who was once an anchorwoman at KFMB-TV from 1978 to 1989 and with KNSD 7/39 for two years in San Diego, was arrested and is facing misdemeanor DUI charges. She was arrested by her home in La Jolla after police observed her driving on the wrong side of the road. San Diego 10 News also reported that police had Ross perform a field sobriety test after pulling her over. She was taken to Las Colinas women’s jail in Santee.

It is important to understand your rights when you have been pulled over by police for a suspected DUI charge. You will be required to furnish the police with your driver’s license, proof of insurance, and proof of registration. However, know that you are not legally required to participate in field sobriety tests as did Ross in the story above. You can legally refuse to do them. In order for a field sobriety test to be admissible in court, it must be done voluntarily. You should never participate in any of these tests without consulting an experienced San Diego DUI lawyer.

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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If you are convicted of a second time DUI in California, your sentence will include 4 days of jail. For this offense, the law requires judges to sentence you to a mandatory minimum of 96 hours in custody. The DUI will count as your second if you had one other previous DUI conviction within the last ten (10) years. This is true whether your first DUI occurred in California or in another state. If you have two previous DUI convictions, but one of them is from more than 10 years ago, then the prosecutors will only count the prior DUI conviction from less than 10 years ago, making your new DUI conviction only your “second” for purposes of your sentence.

Even though the law requires a minimum of 96 hours in custody on a second DUI, that does not necessarily mean you will go to jail for 96 hours. For example, in Riverside County, even if you are sentenced to “jail,” it is typically understood that you will actually be picking trash up on the side of the road or doing other dirty work, in lieu of spending your time in jail. In Orange County, the typical sentence for a second time DUI ranges from 30 days to 90 days in jail, with the most common sentences being 60 days and 45 days in jail. In other words, if you are convicted of a second DUI in Orange County, you could expect to get 20 times the minimum mandatory jail sentence. In San Diego County, judges frequently only impose the mandatory minimum sentence of 96 hours for a second time DUI.

As you can see, judges in different counties treat a second time DUI very differently. This shows how important it is to make sure you hire a lawyer who is very familiar with the court and the judge that your case is in. At Wallin & Klarich, each of our lawyers handles second time DUI’s in only one county. If you would like to learn more about our DUI defense lawyers, please go to our website at www.wklawdui.com.

If you or someone you love is facing a DUI where you have a prior conviction for DUI, please contact Wallin & Klarich today via phone at 1-888-764-2615 or fill out our online consultation form for an evaluation of your criminal case.

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