california dui defense attorneys

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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In California, it is a crime to operate a vehicle while under the influence of drugs or alcohol. The legal limit alcohol (measured in a percentage of blood alcohol content) is .08 percent. California Vehicle Code Section 23152(b) states that is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. However, Vehicle Code Section 23152(a) states that 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 practical meaning of Section 23152(a) is that law enforcement does not have to prove that you are under the influence of drugs or narcotics until after they have pulled you over and formed a reasonable suspicion that you may be driving under the influence. It is easier for law enforcement to form a reasonable suspicion that you are under the influence of alcohol and the reasonably reliable breathalyzer test is a quick way to prove it one way or the other. However, in determining if you are under the influence of drugs or narcotics, law enforcement may not be able to readily determine what kind of drug or narcotic you may be under the influence of.

Law enforcement will usually look for side effects of drugs or narcotics to form their reasonable suspicion that the driver may be under the influence. Some common indicators are droopy eyes, bloodshot eyes, slurred speech, and slower motor skills. If officers “notice” any of these signs, they may ask to perform a field sobriety test or may even arrest you on the spot—without actual proof that you are under the influence of drugs or narcotics. Law enforcement can even arrest you for being under the influence of prescription drugs if they feel that the drugs are impairing your driving ability.

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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A new ruling by the United States Supreme Court is expected to impact the prosecution of DUI (Driving Under the Influence) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor must make a laboratory technician available during court to testify in person. In its decision, the Supreme Court equated such lab reports to witnesses for the prosecution. Justice Scalia wrote, that under the Sixth Amendment a defendant has the right to “be confronted with the witnesses against him.” In DUI cases (drug or alcohol), and other cases in which lab reports play an important role in the prosecution’s case, Scalia wrote that defendants were “entitled to be confronted with the analysts at trial.”

Prosecutors have expressed concern about the cost and potential availability of lab technicians for courtroom appearances. However, in his successful arguments before the U.S. Supreme Court, Stanford University law professor Jeffrey Fisher noted that presenting crime experts at trials is already common practice in some states, including California. While prosecutors down played the impact of the Supreme Court ruling, criminal defense attorneys applauded the opportunity to challenge lab reports in court, noting that crime labs sometimes make mistakes that result in the conviction of innocent people.

California prosecutes DUI cases aggressively. A DUI charge results in two proceedings against a defendant: a criminal court case and a Department of Motor Vehicle hearing. Legal proceedings can be complex, and a conviction can have serious consequences (including the loss of your license, and jail time). A DUI charge demands immediate attention and aggressive action from an experienced California DUI defense firm like Wallin & Klarich. If you, or a loved one, are facing a DUI charge, please call our firm at 1-888-764-2615 for an initial consultation. We will be available 24/7.

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California’s Prop. 36 allows nonviolent drug offenders to participate in treatment programs rather than go to jail. Eligible defendants plead guilty to the underlying drug charge, and are then placed on probation and ordered to complete an outpatient program. If they do so, and comply with the terms of probation, the drug case is ultimately dismissed. But eligibility for Prop. 36 is laced with restrictions, one of which pertains to DUI charges. A person charged in the same complaint with both a nonviolent drug offense and a DUI offense does not qualify.

The restriction stems from language in Prop. 36 itself that excludes “any defendant convicted, in the same case, of any misdemeanor not related to drugs or any other felony that is not a nonviolent drug possession offense.” The California Supreme Court has found “misdemeanor not related to drugs” charges to include DUI charges.

Suppose, for example, that a potential defendant gets pulled over for weaving (a typical reason for a DUI stop) and the cop finds a small amount of cocaine in his car. Normally, he would qualify for Prop. 36, but if he’s also charged with DUI he will not qualify for Prop. 36. This will be the case unless the prosecuting attorney drops the DUI, or the defendant goes to trial and wins on the DUI charge.

This “DUI exclusion” is unfortunate. DUI suspects, who also possess or are under the influence of drugs, probably need treatment as much as anyone, if not more so. Denying them the benefit of Prop. 36 defeats the policy goals and ultimately hurts everyone.

If you, or a loved one, are charged with a DUI, or a DUI and possession of drugs, it is important that you contact an experienced California DUI defense attorney who can provide assistance in protecting your rights. The experienced attorneys at Wallin & Klarich can provide such assistance in your time of need. Please call us at 1-888-764-2615 or visit us online at wklawdui.com.  We can help you.

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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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