Southern California Defense Blog

Sobriety checkpoints are temporary roadblocks on public streets or roadways designed to snare drunk drivers and cite others for violations of the CA Vehicle Code. The courts have established strict guidelines to govern the operation of sobriety checkpoints. Anyone arrested for DUI at a sobriety checkpoint should contact an experienced CA drunk driving attorney to determine whether the checkpoint was operated according to these guidelines.

Sobriety checkpoints must be established under specific guidelines, as mandated by the California Supreme Court in the precedent-setting Ingersoll vs. Palmer case. A sobriety checkpoint must be announced to the public in advance and set up by command law enforcement officers, not officers in the field. Vehicles must be selected using a neutral mathematical formula, and the checkpoints must be maintained safely for both police and motorists, have high visibility, and minimize the average time each motorist is detained.

Each motorist who has been stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he or she should be permitted to drive on without further delay. If the officer does observe signs of impairment, the driver may be directed to a separate area for a field sobriety test. At that point, further investigation must be based on probable cause, and general principles of detention and arrest would apply.

If you or a loved one have been accused or charged with DUI in Los Angeles, Orange, San Bernardino, Riverside, or Ventura county it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Los Angeles criminal defense attorney about your case.

Under California law, the court must impose a suspension, or delay of driving privileges on minors who are convicted of being drunk in public. A conviction mandates the court to impose a one year license suspension, or delay the acquisition of a license, for a person 13 years of age up to 21 years of age.
California Penal Code Section 647(f), states any person “who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way”, is guilty of a misdemeanor.

What other punishments does a person charged with Penal Code Section 647(f) face if convicted?

In addition the suspension of driving privileges, or delay in the issuance of a driver’s license, a minor who is convicted of a misdemeanor for public intoxication also faces jail time, probation, and fines and fees. A person convicted of this penal code section faces up to six-months in a county jail, and a maximum fine of $1000. Moreover, if prosecutors convict you of your third "drunk in public" offense within a twelve-month period, you face a minimum 90-day county jail sentence

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

If you are convicted of this crime you could be sentenced and is punishable by imprisonment in the state prison for up to 10 years.

Last week, in Orange County, a 23-year-old man was taken into custody after he lost control of his car, which resulted in the death of his female passenger. The passenger was identified as Kelly Pham, 21. Justin Drake, was arrested on suspicion of felony driving under the influence and subsequently charged with gross vehicular manslaughter while intoxicated a violation of Penal Code Section 191.5 (a).
Apparently, he lost control of the vehicle at a curve in the road, and then left the road way and hit a tree and concrete wall. Pham was critically injured during the collision and later died at the hospital.
If you or a loved one has been charged with or are fighting a charge of gross vehicular manslaughter then you need to contact an experienced criminal defense attorney.

To prove you are guilty of this crime, the People must prove that: 1. You drove a motor vehicle under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug; 2. While driving that vehicle under the influence, you also committed a misdemeanor or an infraction or otherwise lawful act that might cause death; 3. You also committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant's grossly negligent conduct caused the death of another person.

If you or a loved one are being charged with gross vehicular manslaughter, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

A person was on his own private property when he received a driving under the influence charge. The man claims that law enforcement did not witness him operating a motor vehicle, nor was he inside the vehicle when law enforcement contacted him. Despite all this, he was arrested and charged with a driving under the influence.

Most people who get arrested and charged with driving under the influence in California ultimately get charged with two separate misdemeanor offenses. Driving under the influence is codified under California Vehicle Code Section 23152. It states that

(a) 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.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of driving under the influence, the law does not differentiate between driving on private property and driving on public property. As such, as long as the prosecutor can prove that the person did in fact operate a motor vehicle while under the influence, the person can be convicted of driving under the influence. Regardless of whether the driving occurred on private or public property.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

More frequently people are using various forms of transportation including bicycles. Did you know that there are similar laws that apply to a person riding a bicycle, just like the rules of the road, including laws about drinking and riding a bicycle.

Under California Vehicle code section 21200.5, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

If you have been lawfully stopped by an officer after riding a bicycle and drinking, you will have been deemed to give your consent to chemical testing of your blood or breath for the purpose of determining the alcoholic content.

This is an infraction and therefore a conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5, which allows the Department of Motor Vehicle to suspend a person under 21, who is convicted of this or other similar charges to lose their driving privileges for a period of one year.

If you or a loved one have been accused or charged with (BUI), it is important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Yes! Under California Penal Code Section 647(f), “public drunkenness” is a crime of disorderly conduct and is commonly charged as a misdemeanor. In order for the prosecution to convict you of “public drunkenness”, it must prove several elements:

1) that you were willfully under the influence of alcohol and/or drugs,
2) that, at the time you were under the influence, you were in a public place, and
3) you were unable to exercise care for your own safety or for the safety of others, or
4) because of your intoxication, you interfered with, obstructed, or prevented the free use of a sidewalk, street, or other public way.

As to the first element of a PC 647(f) charge, the prosecution must prove that you deliberately ingested alcohol. If someone slipped you a drug or “spiked” your non-alcoholic drink, the law will not consider you to be “willfully” under the influence.

As to the second element, California courts have held that a “public place” for purposes of PC 647(f) is an area outside a home in which a stranger is able to walk without challenge. Some examples of a public place would include restaurants, clubs, shopping malls, parks and public streets. However, courts have also held that a public place may also include a common hallway in an apartment building, a car parked on a public street or in a public lot, and even the area in front of a house, including the driveway, front lawn and front porch. Moreover, courts have held that “public places” are places which are open to common or general use, even if the location isn’t one that the general public frequents. Thus, it doesn’t matter whether you are actually visible to the public, so long as you otherwise meet the elements of the crime. In contrast, courts have held that “private places” include homes, garages, and the inside of hotel rooms.

Finally, the prosecution must prove that you were unable to exercise care for your own safety or for the safety of others, or that you were obstructing the use of a public way. Here, PC 647(f) really addresses persons who are out in public and extremely intoxicated. Some examples would include persons who are falling down drunk, passed out on the sidewalk, or trying to start fights because of their drunken state. Since many people get buzzed or even drunk at California restaurants, nightclubs, concerts, or other public venues, only in the more extreme cases would one’s public intoxication trigger PC 647(f) prosecution. This is because merely being "drunk" in public isn’t a crime. It only becomes criminal when you get inebriated to the point that:
1) You are a safety risk to yourself or others, and/or
2) You are interfering with other people’s right of movement

To ensure that you have the best possible chance of prevailing against the state when your accused of public drunkenness, you need the legal expertise of an aggressive and skilled criminal defense attorney. At Wallin & Klarich, our attorneys have zealously represented our clients on all types of criminal defense matters for over 30 years and can help you achieve the best possible outcome in your matter. Call us today at 1-888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Almost universally in California; courts will require defendants who are convicted of a DUI in Los Angeles to take a state approved alcohol education course. In addition, the California DMV requires the enrollment in a state approved alcohol education course before a licensee can get their driving privileges back, once they’ve been convicted of a DUI. Below is a summary of the different courses one will have to take; depending upon the circumstances of their conviction, and if they’ve had priors.

• For a first time offender, with Blood Alcohol Concentration of .14% or less; the defendant has to enroll and complete AB 541. AB 541 is a 3 month course which meets once a week for 2 hours.

• For a first time offender, with Blood Alcohol Concentration between .15% and .19%; the defendant has to enroll and complete AB 762. AB 762 is a 6 month course which meets once a week for 2 hours. This program can also be ordered by the court if you were under a .15% BAC, but were involved in a collision when your DUI occurred.

• For a first time offender, with Blood Alcohol Concentration of .20% or more; the defendant has to enroll and complete AB 1353. AB 1353 is a 9 month course which meets once a week for 2 hours.

• For a second or subsequent offender- the court will order you to attend SB 38. SB 38 is an 18 month program that includes group counseling, individual counseling, AA meeting, and bi-weekly interviews.

Having the right lawyer can help in how your case is negotiated. For instance, there are times when a defendant with a .17% BAC can get the ok from the DA to only attend the 3 month AB 541 as opposed to the 6 month AB 762.

If you or a loved one have been charged with a DUI contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

If the prosecution cannot establish a solid drinking pattern for a DUI suspect, then any chemical blood alcohol test is subject to interpretation and attack. Hiring an experienced Los Angeles DUI defense attorney, like the attorneys at Wallin & Klarich, is critical.

When trying to establish a DUI suspect's blood alcohol content “at the time of driving” several important factors must be considered:

(A) DUI suspects drinking pattern (usually uncovered by DUI suspect’s admission at the scene of the vehicle stop)
(B) Elapsed Time
(C) Scientific analysis

Many DUI arresting officers insufficiently inquire into a DUI suspect's drinking pattern. If the officer fails to get into the type of detail necessary to counter certain DUI defenses such as rising alcohol defense, a case may be dismissed or reduced for lack of sufficient evidence. Understand that DUI defense requires knowledge of the most current California drunk driving laws and an understanding of science. Many drunk driving defenses will include scientific analysis and review. Make sure the criminal defense attorney you hire understands the ins and outs of DUI defense

If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney.

Murder is quite possibly the most horrendous act any human being is capable of committing. There is not a single developed society in existence that condones the senseless taking of life in a manner that is deliberate and calculated.

For this reason, a murder charge is severely prosecuted. As a capital offense, the penalty for murder can be death or life in prison without the possibility of parole.

How can a DUI lead to Murder?

In California, a drunk driver can be prosecuted as a murderer, even if the resulting death was unintended or purely accidental. This particular type of murder is called a Watson Murder.

Named after the court case that first introduced the concept, a Watson Murder is prosecuted when a person with a prior DUI conviction drives under the influence again and it results in the death of another person.

Instead of it being prosecuted as a manslaughter offense (a killing that is committed by accident), a Watson Murder will incur a second-degree murder charge.

Second-degree murder is normally punishable by imprisonment in state prison for 15 years to life. Although a harsh punishment, it does not approach the possibility of death by execution.

Needless to say, you do not want the possibility of a Watson Murder charge looming over your head. If you are facing a DUI allegation, it is important that you seek the expertise of a skilled criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you avoid harsh prison sentences. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Many people who are arrested for DUI in Riverside complain that the arresting officer never read them their Miranda Rights and ask whether they can get the case thrown out because of this. In order to understand the answer to this question you first must understand what the Miranda rule is and when it applies in a criminal case.

The Miranda rule only comes into play when two things happen.

1. You are in custody. ( A reasonable person in your shoes would not feel free to ignore the police presence and go about their business).

2. You are being interrogated. (asked questions likely to elicit an incriminating response).

When you are pulled over and a DUI investigation begins one of the first questions the cop will ask is if you’ve been drinking or how much you have—clearly a question likely to elicit an incriminating response so you are being interrogated and the application of the Miranda rule is halfway there.

When you are pulled over and the cop has his lights flashing, clearly NOBODY would feel free to ignore the officer’s presence and go about their business. So you must be in custody and Miranda clearly applies, right?

Wrong! As crazy as it sounds, you are not “in custody” in that situation but are part of a “non-custodial interrogation” or an “investigatory detention”—so they don’t need to read your Miranda rights until they actually decide to arrest you and slap the cuffs on. By that point you’ve already likely admitted to at least a “couple” of drinks and the field sobriety tests and blood or breath test will seal your fate. The bottom line is that in 99.5% of DUI cases whether the cops read your Miranda rights is irrelevant. However, a really good DUI lawyer will likely find other issues in your case that could lead to reduced or dismissed charges.

If you have been accused of DUI in Riverside County, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklawdui.com. We will be there when you call.

A defense attorney from Wallin & Klarich can request alternative sentences for potential jail terms in Los Angeles County. If you are charged and convicted of a Los Angeles DUI, these are some alternatives in lieu of going to jail and or prison.

1. Cal Trans
One alternative sentence is Cal Trans whereby you would have to pickup trash and debris from along our roadways and freeways. A work day is usually about 8 hours and equivalent to a jail day.

2. Community Service
Community Service is another alternative which often involves working with non-profit organizations. You may also be given the option to work as a volunteer at a charitable cause or church program.

3. Electronic Home Confinement
Another possibility is to ask the judge to consider house arrest or home electronic monitoring in lieu of sending you to jail is an option. Under this program, you will be monitored and required to remain at home but the program will allow you to go to your job or attend school, as well as keep medical appointments.

4. Sober Living
Under certain circumstances your attorney can request the alternative sentence that involves care and counseling from one of the sober living services. Housing, alcohol and drug counseling services, self-help group sessions, education or training and help finding a job are all typical services provided in these programs.

5. Private Jail
Finally, in very few cases, you can opt to serve in a private jail facility, where you may be offered work furlough privileges. This option can be a costly, but less disruptive to you and your family.

If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Recently the OC register reported that a young woman was caught behind the wheel of a motor vehicle while her blood alcohol content was nearly four times over the legal limit. Leann Renee Arriaga registered a .30 blood-alcohol content during the field sobriety test. According to the records, Arriaga’s 21st birthday is this Saturday. One officer commented that he had never seen anyone that drunk before.
Police were monitoring Harbor Boulevard late Thursday, which was Cinco De Mayo, when they saw Arriaga's car drive through a red light at First Street. Arriaga was arrested on suspicion of driving under the influence; she was booked into jail, where her blood was taken for an additional alcohol test.

To be prosecuted for Driving Under the Influence (DUI) with injury, the District Attorney must prove that: the defendant was under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, and drove a vehicle. A person is under the influence if, as a result of drinking an alcoholic beverage, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Moreover, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

http://www.ocregister.com/news/level-299444-alcohol-bertagna.html

In a Los Angeles DUI case, the prosecution must show that your blood alcohol concentration was at or above the legal limit at the time of driving, not necessarily at the time of testing. This can be difficult for the prosecution to prove, especially if the breath test is administered a substantial amount of time after the arrest. Issues arise when your blood alcohol content (known as “BAC”) at the time of driving was substantially below that which the chemical breath or blood test at the police station or jail indicates.

California DUI law is concerned with whether your blood alcohol level was above the legal limit at the time of driving. A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving.

If you or a loved one have been accused or charged with drunk driving, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Los Angeles DUI defense attorney about your case.

In a Los Angeles DUI case, the prosecution must show that your blood alcohol concentration was at or above the legal limit at the time of driving, not necessarily at the time of testing. This can be difficult for the prosecution to prove, especially if the breath test is administered a substantial amount of time after the arrest. Issues arise when your blood alcohol content (known as “BAC”) at the time of driving was substantially below that which the chemical breath or blood test at the police station or jail indicates.

California DUI law is concerned with whether your blood alcohol level was above the legal limit at the time of driving. A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving.

If you or a loved one have been accused or charged with drunk driving, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Los Angeles criminal defense attorney about your case.

Not only are there time limits on when a chemical test may be administered after your stop, but there are also limits on how the test is to be conducted. The police are required to observe you for a certain period of time (15 minutes) before collecting your breath sample. At least one officer must be watching you at all times for the entire duration of the “observation period.” An experienced and aggressive Riverside DUI defense attorney will attack the circumstances surrounding this required observation period.

The observation period is required to ensure that vomiting, smoking, and consumption of food or beverage did not occur prior to testing. Such consumption could distort your blood alcohol results. During this time you should not have been allowed to put anything in your mouth, including gum, candy, or other foreign objects. The time the observation began should noted by the arresting officer. Your Wallin & Klarich Riverside criminal defense attorney will double-check the times on your reports, and be sure to point out any discrepancies or unusual circumstances that may have occurred.

If you or a loved one have been accused or charged with drunk driving, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Riverside criminal defense attorney about your case.

It’s something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California.

Typically, if someone is under the influence of drugs and or alcohol, and kills someone in a traffic accident, they will be charged with "Gross Vehicular Man-slaughter while Intoxicated". This charge carries with it a maximum punishment of 10 years in state prison.

However, some years ago the California Supreme Court ruled in The People v. Watson that if the prosecution can establish "Malice Aforethought" (which is basically wanton disregard for human life) in a case where someone killed another while driving under the influence, they can be charged with 2nd Degree Murder.

This ups the stakes tremendously due to the fact that a conviction of 2nd degree murder will result in a 15 year to life sentence. This means the defendant must serve at least 15 years before even being considered for parole. Even after 15 years, the defendant can be denied parole indefinitely- serving an entire life sentence perhaps. Factors that typically comes into play when prosecutors decide whether or not to file 2nd degree murder charge in a DUI related death is whether or not the defendant had a prior DUI; whether or not the defendant had notice that driving under the influence of alcohol of drugs is extremely dangerous to human life, etc.

If you or a loved one have been charged with 2nd Degree Murder based on a DUI or Gross Vehicular Manslaughter while Intoxicated, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person’ s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Therefore the mere fact of having taken a hit of marijuana does not necessarily mean one’s level of impairment is to the level of a DUI. For evidence of impairment, officers may request the driver of the vehicle perform field sobriety tests, including a Preliminary alcohol screening test. While this test will only detect the levels of alcohol in your system, arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612.

Since marijuana is detectable for much longer periods in urine than in blood up to several hours, a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test.

If you or a loved one is facing a DUI for being under the influence of marijuana, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with DUI’s. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Former teen idol David Cassidy was charged with drunk driving after his Mercedes was stopped by a Florida Highway Patrol officer in Fort Pierce.

The officer noticed the vehicle when it reportedly left the roadway and drifted onto the shoulder rumble strip twice before cutting off another car at an exit ramp.

The 60-year-old former star of the 1970’s television show "The Partridge Family" failed a number roadside sobriety tests and breathed a 0.14% on an alcohol breath test.

The arresting officer noted that Cassidy "appeared to be somewhat confused" and was "very apologetic for having to be stopped."

Upon searching Cassidy’s vehicle, police reportedly found a half-empty bottle of bourbon under a seat. However, Cassidy told the office that he only had a glass of wine with lunch a few hours earlier. He also told police that he had taken a hydrocodone pill – a pain medication more commonly known as Vicodin – about three hours earlier.

Cassidy was released from St. Lucie County Jail on bail. His publicist had been advised by his attorney not to comment on the incident.

Driving a motor vehicle while under the influence is a serious crime in California and will be severely prosecuted. Under Vehicle Code 23152(a) and (b), it is a crime to drive while under the effects of drugs or alcohol or with 0.08% of alcohol, by weight, in the bloodstream.

A first-time violation of Section 23152 is punishable by imprisonment in the county jail for up to six months and by a maximum fine of $1,000. See California Vehicle Code Section 23536.

A conviction may also result in a suspension of driving privileges for a period of six months. See California Penal Code 13352.

A drunk driving conviction can have negative consequences that can affect not only your individual freedoms, but also your professional career and family life. If you are facing DUI charges, you need the legal representation of an experienced DUI defense attorney. At Wallin & Klarich, our Orange County attorneys have over 30 years of experience in handling drunk driving cases and can help you raise the best possible defenses in your case. Call us today at 888-764-2615 or visit us online at www.wklawdui.com. We will be there for you when you call.

Under Business and Professions Code 25662, it is illegal for a person under the legal drinking age of 21 to be in possession of an alcoholic beverage while on any street, highway, or public place. As a misdemeanor, a first-time offender will be subject to a fine of $250 or will be required to perform between 24 to 32 hours of community service during hours when the person is not working or attending school.

In addition to the prescribed penalties, a conviction for underaged possession of alcohol may also result in a one-year suspension of that person’s California driver’s license. The details of this penalty are codified under California Vehicle Code 13202.5. Specifically intended for persons who are under the age of 21, but older than 12 years of age, this code section is applicable to convictions that includes not only possession of alcohol, but also public intoxication (PC 647) and vehicular manslaughter (PC 191.5 and 192.5).

Determinations made in juvenile court may also qualify as "convictions" for purposes of this code section.

If the person convicted has not yet been licensed, the court will likely order the DMV to delay issuing a license for one year subsequent to the time the person becomes legally eligible to drive.

However, it is possible for the person affected to request a modification of the order to delay driving privileges or to convince the court to issue a junior permit upon a showing of a "critical need to drive."

Losing your ability to legally drive a motor vehicle in California for a period of one year is easily a debilitating penalty. It is therefore imperative that you seek the legal counsel of an experienced criminal defense attorney who can help you fight your conviction or alleviate the severe repercussions a conviction would have on your driving privileges. At Wallin & Klarich, our Orange County attorneys have been in practice for over 30 years and will provide you with poised and aggressive representation. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.