california duid

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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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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Police who initially suspect a driver of being under the influence of alcohol sometimes change their focus to driving under the influence of drugs when a breath test shows a blood alcohol content (BAC) of less than .08 percent. Several law enforcement agencies have a protocol where a drug evaluation will be undertaken when breath alcohol results in a reading of .05 percent or less. Rather than concluding that they must have been wrong about the motorist being impaired, police will then examine the blood or urine test for drugs.

DUID cases often are investigated by officers who have received training as Drug Recognition Evaluators, or DREs. However, whether or not these officers qualify as drug recognition experts is a matter of debate. DREs will investigate the arrestee for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The officer will examine the driver’s arms and other common sites for injection. The DRE will seek damaging admissions or confessions of drug use. Field sobriety tests may be given again in a controlled and well-lit environment, unlike the usual roadside field sobriety tests. The officer’s observations likely will be used to provide probable cause for arrest as well as evidence for a court case.

However, there are many possible explanations for the so-called signs and symptoms of drug use. Illness, injury, fatigue, and nervousness can all give drivers the appearance of drug intoxication. Because the symptoms of driving under the influence of drugs are so ambiguous, and urine tests so unreliable, it is vital to consult with a Southern California DUI defense attorney who is experienced in defending DUID cases. 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 thoroughly examine your case and investigate the legitimacy 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.

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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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