california dui penalties

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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Having a driver’s license is practically a necessity living in Southern California.When the DMV issues you that license and you put your signature on the form, you are agreeing that you will submit to either a Breath or Blood test upon being stopped by a police officer for suspicion of driving under the influence.

It is important that people understand the consequences of refusing to submit to chemical test. The DMV can suspend your license for up to one year, and California Vehicle Code Section 23577 provides for harsher penalties upon a conviction for DUI if an individual refuses.

It is important to know your rights and the possible consequences of your actions when being arrested for DUI. If you have been charged with DUI in Southern California and have refused a chemical test, contact the experienced Southern California criminal defense attorneys at Wallin and Klarich as soon as possible. Our attorneys have been defending the rights of those facing criminal charges in California for over 30 years, providing us with the knowledge and resources to obtain a successful outcome in any criminal case. Call Wallin and Klarich today at 888-764-2615 for a case evaluation.

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