California DUI Defense Blog » dui defense attorney ca

Police Arrest Woman on Suspicion of Drunk Driving after Hitting Parked Truck – California Vehicle Code Section 23152

DUI Defense Attorney — Mon, 02 Aug 2010 22:03:57 +0000

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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21-Year-Old Santa Ana Woman Sentenced to 15 Years to Life For DUI Murder

DUI Defense Attorney — Mon, 24 May 2010 23:13:40 +0000

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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What if I Was Under the Legal Limit but Still Got Arrested for DUI? California Vehicle Code 23152

DUI Defense Attorney — Wed, 03 Mar 2010 17:39:04 +0000

California has two separate laws for DUI. One provision criminalizes “driving under the influence of drugs or alcohol (or both),” while the other provision criminalizes “driving with a blood alcohol level of .08 or higher.” Therefore, even if your blood alcohol level was under .08 at the time you were stopped, you may still be arrested and convicted of DUI if you were under the influence when stopped.

Under these circumstances, hiring an aggressive criminal defense attorney is critical. An experienced San Diego criminal DUI defense attorney may be able to convince the prosecutor not to file charges because they have a weak case, or may be able to get the charges reduced.

The DUI defense attorneys at Wallin & Klarich will look at the unique facts of your case and use them to aggressively fight the charges on your behalf. In addition, Wallin & Klarich will fight for you at the DMV hearing and try to keep your driver’s license from being suspended.

If you or a loved one has been arrested or cited for DUI, it is essential that you immediately contact an experienced Southern California DUI defense attorney. The attorneys at Wallin & Klarich have been handling DUI matters for more than 30 years, and know how to protect your rights in court and fight for your driving privileges with the DMV. Please contact Wallin & Klarich today at 888-764-2615 for a free case evaluation, and visit us on the web at www.wklaw.com. You may also visit our DUI page to learn more about the charges you are facing. We will be there when you call.

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What You Need to Know About Open Container Laws in California: California Vehicle Code Sections 23221 and 23222(a)

DUI Defense Attorney — Wed, 03 Feb 2010 11:00:21 +0000

In California it is a crime to have an open alcoholic container in your vehicle while you are driving. Sections 23221 and 23222(a) define the open container law in California. Section 23221(a) states that no driver shall drink any alcoholic beverage while in a motor vehicle upon a highway. Section 23221(b) states that no passenger shall drink any alcoholic beverage while in a motor vehicle on a highway. Finally, Section 23222(a) states that no person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

The practical implication of these laws is to make it illegal for anyone in a vehicle to have an open alcoholic container. Containers can be anything from a cup to a flask. The only way to avoid a citation for this is to place any open alcoholic containers in the trunk of your vehicle, where they cannot be accessed by anyone in the vehicle. Drivers should be particularly careful when transporting bottles of liquor or wine in which the seal has been broken or uncorked.

If you or a loved one has been cited for having an open container in your vehicle, you should call an experienced Southern California criminal defense attorney at Wallin & Klarich immediately. Our attorneys have the skills and expertise to provide you with the best possible defense. The experienced attorneys at Wallin & Klarich are well versed in the open container laws and quickly respond to our client’s needs. 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.