Defenses to Driving Under the Influence: What is a “Rising BAC” Defense?
Defenses to Driving Under the Influence: What is a “Rising BAC” Defense?
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Because it can sometimes take between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Rate of Absorption Commonly, it is an hour or more after the…
Read MoreHow Innocent People Can Be Convicted of DUI
It’s no secret that DUI is one of the most heavily prosecuted crimes today. Chances are you probably know someone that has been arrested for DUI. The high number of DUI arrests is a result of the direction of DUI legislation over the last 30 years. Lobbying efforts by organizations such as Mothers Against Drunk Drivers (M.A.D.D.) have pressured state legislators across the country to make DUI laws stricter. One…
Read More3 Favorable Plea Alternatives to a DUI in California
Just because you have been arrested for DUI in California does not mean that you will be sentenced for a DUI in California. If you hire an experienced Southern California DUI attorney, he or she may be able to plea bargain down to one of two favorable misdemeanors that will have no bearing on any future DUI cases you might incur. Wet Reckless Most people are aware of a wet…
Read MoreIs DUI a Deportable Offense?
Driving under the influence of drugs or alcohol is a serious crime in California. In addition to jail time and fines, a DUI conviction can have a major impact on your life. But once your sentence is served, you have the opportunity to move on with your life. Non-U.S. citizens may not have that opportunity. If you are a non-citizen convicted of certain DUI crimes, you need to know that…
Read MoreWhat Are Your Rights During a DUI Field Sobriety Test (FST)?
Attorney Matt Wallin of Wallin and Klarich, A Law Corporation, explains what you should and should not do when you are pulled over by police on suspicion of DUI. As Mr. Wallin guides you through this video, he explains the different types of activities you will be required to perform during a Field Sobriety Test (FST) and how to avoid making serious mistakes during a DUI police stop. He addresses…
Read MoreShould Your Bank Account Matter When Charged with a DUI?
Businessman Shaun Goodman was recently arrested in Olympia, Wash. for his seventh DUI. According to Policy Mic, Goodman’s blood alcohol content level was 0.16%, which is twice the legal limit in Washington. Police reported that he was traveling 100 mph before he hit two cars and crashed into the side of a house.1 Judge James Dixon of Thurston County Superior Court said in response to the incident, “This is akin…
Read MoreWhat Are Your Legal Rights When at a DUI Checkpoint? DUI Checkpoint Refusal Explained
DUI Checkpoint Refusal Explained: Legal Survival Guide Ep 1 Attorney Matt Wallin of Wallin and Klarich explains the law behind this popular video, which takes place at a DUI checkpoint. Matt Wallin answers these questions: Do you have to show ID at a DUI checkpoint? What are "objective symptoms"? Is "being detained" differed from "under arrest"? What are the passengers' rights? Watch the video to learn about your rights and…
Read MoreOrange County DUI Expungement: Employers Prohibited from Asking about Criminal History?
Are you having trouble getting a job or advancing in your career because you have a past DUI conviction? The experienced Orange County DUI expungement attorneys at Wallin & Klarich may be able to help you. We may be able to have your conviction expunged. Most people are unaware that many crimes for which they were not sent to prison may be expunged if certain conditions have been met. This includes…
Read MoreOrange County Crime Lab Botched 2,000 Blood-Alcohol Tests, Your DUI Could be Thrown Out
The Orange County Crime Lab (OCCL) reported that due to an error in their procedures over 2,000 blood tests taken from May 29, 2013 to October 9, 2013 were reported inaccurately. According to the OCCL, the lab incorrectly calibrated one of the machines that measures blood-alcohol content levels (BAC). What this means is that every one of the 2,000 plus defendants will be provided an opportunity to receive the correct…
Read More5 Things to Expect if Charged with DUI Causing Injury in Huntington Beach – California Vehicle Code Section 23153 (VC 23153)
Driving under the influence of alcohol and/or drugs is a violation of the California Vehicle Code. When an individual causes an injury accident while intoxicated, the driver could face additional charges and more severe penalties. According to California Vehicle Code Section 23153 (a), "It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug,…
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