california dui defense lawyer

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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In Southern California, a driver’s license is almost as important to your livelihood as actually having a job. Losing your license can mean certain unemployment to people who need to get to work and can’t reasonably use public transportation. So, it’s not surprising that a sense of panic sets in when you get a “suspension notice” from the Department of Motor Vehicles. When this happens you need to immediately contact lawyers that have tremendous experience in DMV hearing defense.

The DMV can attempt to suspend or revoke your driving privilege for many reasons. The “suspension notice” normally will provide you with the legal basis upon which the DMV is acting. The good news is you have an absolute right to a lawyer to assist you before replying to the DMV. You will be provided a “limited window of time” in which to demand a DMV hearing. You should contact our California DMV hearing attorneys before you contact the DMV so we can advise you how best to approach this serious legal matter.

Wallin & Klarich has successfully represented hundreds of persons who were facing the loss of their driving privilege. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DMV case. Call us today, toll free at (888) 764-2615.

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The sky is usually the limit, but not when it comes to DUI stops and your blood alcohol content. In California, driving a vehicle while impaired or driving a vehicle with a blood alcohol content over .08% can both result in misdemeanor criminal charges. A DUI conviction will often result in jail time, a required alcohol program, stiff fines and fees, and three to five years of probation, among other terms and conditions imposed by the judge at your sentencing hearing unless you hire and Orange County DUI Lawyer.

In addition, if you have a prior DUI conviction within ten years of the date of the current offense you are facing mandatory jail time and a lengthy suspension or revocation of your driving privilege. In fact, a fourth DUI conviction within a ten year period can be filed as a felony which can result in a state prison sentence.

A DUI arrest will almost always trigger a suspension of your driver’s license with the DMV, and the court can also suspend your license if the DMV does not. It is vital you contact a DUI/DMV law firm like Wallin and Klarich to assist you in your attempt to save your driving privilege within ten days of your arrest. You have a very limited period of time in which to demand a DMV hearing.

At Wallin & Klarich, our California DUI defense attorneys have years of experience defending those accused of driving under the influence, and are prepared to handle every aspect of your case. Our California DUI/DMV attorneys will examine the details surrounding your case, and will provide you with the best possible defense. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DUI case. Call us today, toll free at (888) 764-2615.

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Like drunk-driving cases, DUID is proven through circumstantial evidence. Prosecutors introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results. In DUI cases involving alcohol, California’s Implied Consent Law authorizes a choice between blood or breath tests; in a case where driving under the influence of drugs is suspected, the arrestee’s choice is between a blood or urine test. Urine testing is so unreliable that it is not an option in a drunk-driving investigation, but is an acceptable test for drugs.

Urine testing is inherently unfair in a DUID case because of the amount of time required for different drugs to be eliminated by the body. For example, many stimulants are eliminated by the body in a relatively short period of time, while marijuana can remain in the system for days. Because certain drugs like marijuana remain in the body for a long time, an individual could smoke marijuana on a Saturday and be arrested for DUID on a Tuesday, long after the drug’s effects had worn off.

In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will carefully examine your case and investigate the legality of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact the California DUI defense lawyers at Wallin & Klarich today at 888-764-2615.

To learn more about the possible circumstances surrounding an arrest for driving under the influence of drugs or prescription medication, please read our next post.

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Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as DUI arrests involving alcohol. Because DUID is a serious charge with substantial repercussions, it’s imperative to have excellent legal counsel. A California DUI attorney experienced in defending DUID cases will aggressively fight the charges, and keep negative consequences to a minimum.

The crucial point in any California DUID case is whether or not the accused motorist meets the legal definition of being under the influence. In a DUID case, “under the influence” is defined as unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.

It does not matter if the drug taken is legal or illegal. It doesn’t matter if the drug is prescribed or not – even taking over-the-counter cold medicine can result in a DUID case. The only question is whether the legal definition of driving under the influence of drugs is satisfied.

Unlike drunk-driving cases, there is no “legal limit” when it comes to driving under the influence of drugs in California. The sole question is whether the driver is impaired due to the “level of drugs” that were found in their system when their blood was drawn. In fact, it is often difficult for the prosecution to establish what “level” of a particular drug will make one “legally impaired”. This is why it is a very good reason to retain a law firm that has years of experience in defending people accused of “driving under the influence of drugs.”

In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will meticulously examine your case and investigate the validity of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact Wallin & Klarich today at 888-764-2615.

Please learn more about the possible circumstances surrounding an arrest for driving under the influence of drugs or prescription medication by reading our next post.

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