dui defense attorney san diego

Refusing a Blood Alcohol Level Test Following an Arrest – California Vehicle Code Section 13353
By DUI Defense Attorney on June 23, 2010

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.


Actor Rip Torn Arrested on Alcohol-Related Charges
By DUI Defense Attorney on March 8, 2010

KTLA gave the details of Rip Torn’s recent arrest in Salisbury, Connecticut. The story reported that Torn was allegedly extremely intoxicated when he broke into the Litchfield Bancorp Bank through a window while carrying a loaded .22-caliber revolver in his pocket.

He is currently facing the following charges stemming from the incident: Criminal trespass, carrying a gun without a permit, carrying a gun while intoxicated, burglary and criminal mischief. Police stated that Torn thought he was in his own home and not in the bank. He didn’t threaten anyone with the gun during the event. Torn has previously been charged with DUI charges; once in Connecticut and twice in New York. His attorney was quoted as saying, “There’s an alcohol issue that needs to be addressed.” The attorney also said that Torn will be going into a New York alcohol rehab center soon.

If you or a loved one is facing criminal charges such as any of the above, it is critical that you talk to an experienced attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all criminal matters, including alcohol-related cases. Our Southern California drunk in public defense attorneys will guide you through the complex criminal court system ensuring that you understand your rights and fight to get you the best possible result in your case. Call us at (888) 764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.


How Do I Know If I’m Too Drunk To Drive – California Vehicle Code Section 23152
By DUI Defense Attorney on February 19, 2010

As one of the premier DUI law firms in San Diego, we talk to many people who have been arrested for DUI’s. One of the frequent comments that we hear is that those arrested for (how can you not catch this obvious error of driving under the influence say that they did not feel intoxicated when they were driving. Many people think they are okay to drive, when in fact they are not.

The truth is that most people do not know when they are too drunk to drive. Some people drive because they are unsure whether or not they are too drunk to drive. Some actually feel like they are perfectly fine to drive. No one is ever sure of what their BAC level is before getting into the car. That fact alone should be enough to lean towards the side of caution. Even if you do not feel drunk, you still may have a BAC of .08% or more, which is enough to be found guilty for a DUI. So, the best thing to do after drinking alcohol, no matter how much alcohol you had, is to not drive. Period.

If by chance you do drive after consuming alcohol and you are arrested for DUI, make sure you contact a San Diego law firm that has years of experience successfully defending those accused of DUI’s. There are many defenses to a charge of DUI. Wallin & Klarich has been helping people charged with DUI in San Diego for over thirty years. Call us at 888-749-0034 or visit our website at www.wklawdui.com. We will be there when you call.


At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

California DUI Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

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