A First-Time DUI Conviction Can Cost You a Staggering $16,000 – CVC 23152

October 7, 2013,

Your first misdemeanor DUI conviction in California could cost you $16,000, according to an article in the LA Times. A recent report calculated the total cost of a first-time DUI conviction, including fines, legal fees and increased insurance rates. Not drinking and driving or setting up other modes of transportation is the best way to avoid the high costs of a DUI conviction, but if you are charged with DUI, it is important to retain an experienced Southern California DUI defense attorney who can help you avoid large fines and high fees.

The True Cost of a DUI

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The LA Times article cited a report by the Automobile Club of Southern California, which calculated that a first-time misdemeanor offense for DUI can cost up to $15,649. Teenagers are hit even harder by a first-time DUI offense. If you are under the age of 21, a misdemeanor first-time DUI conviction costs up to $22,492.

The total cost calculated by the Automobile Club of Southern California includes state and local fines, penalties, restitution and legal fees. It also accounts for increased insurance rates. However, the sum does not include thousands of dollars in potential additional expenses such as bail fees, costs of damage to your vehicle, bodily injury or any salary lost from missing time from work.

In addition to monetary punishment, a first-time conviction for DUI is punishable by up six months in county jail and the suspension of your driving privilege for one year. If you caused injury to another person while driving under the influence of alcohol or drugs, you can be charged with a felony and sentenced to up to three years in county jail.

Contact a Southern California DUI Defense Attorney Today

If you or someone you know has been charged with DUI, the costs can quickly add up. It is important to retain the services of an experienced Southern California DUI defense attorney who can help you with your case. The attorneys at Wallin and Klarich have over 30 years of experience successfully defending clients who have been charged with drunk driving offenses.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI attorney who can represent you throughout Southern California.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.

Client Gets 3rd Time DUI Charges Dismissed Using Forensic Evidence (PC 647(f), VC 23152(a), VC 23152(b)).

July 19, 2013,

Andrei F. Lapine, a top Wallin & Klarich attorney, recently helped our client get disorderly conduct and driving under the influence of alcohol (DUI) charges against him dismissed. Lapine, a skilled San Bernardino criminal defense attorney, convinced the prosecutor to dismiss the charges after presenting forensic evidence that our client’s blood sample had been corrupted. If convicted of all charges, our client faced up to 1 year in county jail and up to $1,000 in court fines.


Our client had a lot at stake due to his prior 2 DUI convictions within the last 10 years,” explained Mr. Lapine. “Corruption of a blood sample is not very common. Fortunately, we were able to show that our client’s blood sample had been corrupted in this case.”


According to the record from the San Bernardino courthouse, our client flipped his truck while crossing a set of railroad tracks. Since our client had been taken to the hospital to receive medical treatment following the accident, the police were unable to interview him and administer the standard field sobriety tests. Our client was charged with disorderly conduct (PC 647(f)) and a DUI (VC 23152(a), VC 23152 (b)) after his hospital blood sample indicated a 0.14 blood alcohol content (BAC).


Realizing that the prosecutor’s only form of evidence against our client was his 0.14 BAC, Mr. Lapine advised our client to consult a forensic alcohol expert. The forensic alcohol expert reanalyzed the blood sample and concluded that fermentation had taken place, thus contaminating the sample. The prosecutor agreed that our client’s blood sample had been compromised after Mr. Lapine presented this forensic evidence to fight the charges against our client. Ultimately, the district attorney dismissed the case against our client.


Attorney's Impact On Sentencing

As a result of Mr. Lapine’s exceptional lawyering, our client avoided a third DUI conviction, time in county jail, significant court fines, and a 3-year revocation of his driving privilege. Because the client had 2 prior DUI convictions, the severity of the sentencing was elevated. In a situation like this, hiring Wallin & Klarich was the best possible solution the client could have done.



At What Point Should I Contact An Attorney Regarding My DUI?

If you or a loved is facing charges of disorderly conduct under PC 647(f), you need to contact an experienced criminal defense attorney immediately. The public intoxication defense attorneys at Wallin & Klarich know all of the elements that the prosecutor must prove in order to convict you under PC 647(f). The prosecutor will need to prove the following four elements to convict you of disorderly conduct:

  • You were willfully under the influence of alcohol, a drug, or a controlled substance;
  • You were in a public place when you were under the influence of alcohol, a drug, or a controlled substance;
  • You were unable to exercise reasonable care for your safety or the safety of others; OR
  • You interfered with, obstructed, or prevented the free use of a sidewalk, street, or other public way while you were under the influence.

What Signs Do Police Look For To Determine DUIs?

You may be convicted under PC 647(f) without a blood or breath test indicating your BAC. The arresting police officer will make observations regarding your appearance and behavior in order to determine if you are under the influence. A police officer will often look for the following symptoms in order to prove that you are under the influence:

  • Slurred speech;
  • Bloodshot eyes;
  • Disorientation;
  • Smell of alcohol; OR
  • Angry or aggressive behavior.

Celebrating the 4th of July in Newport Beach? Watch Out for These 5 Crimes. (PC 240, PC 459, PC 488, PC 647(f), VC 23152(a), VC 23152(b)).

July 3, 2013,

According to the OC Register, more than 100,000 visitors packed into Newport Beach, California to celebrate the Fourth of July in 2012. Newport Beach has approximately 85,000 permanent residents.

If you plan to celebrate this year’s festivities in Newport Beach, remember to party responsibly. The Newport Beach Police Department’s crime statistics indicate that the following five crimes typically experience a significant rise during the month of July:

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1. Public Intoxication (California Penal Code section 647(f))


In July 2012, there were a reported 145 public intoxication arrests in Newport Beach. It is interesting to note that this was the only month to see a triple-figure amount for this offense. In fact, no other month saw more than 81 reported public intoxication offenses.

To convict you of public intoxication in Newport Beach, the prosecutor will need to prove the following elements beyond a reasonable doubt:

1. You were willfully under the influence of alcohol, any drug, or a controlled substance;
2. You were in a public place while under the influence of alcohol, any drug, or a controlled substance;
AND
3. You were unable to exercise care for your safety or the safety of others; OR
4. You interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way because you were under the influence.

Skilled public intoxication lawyer at Wallin & Klarich, Andrei F. Lapine, recently got a public intoxication charge against our client completely dismissed. Our client was facing up to 90 days in county jail and 1-year suspension of his driver’s license if convicted. Due to Mr. Lapine’s tremendous efforts, the district attorney agreed to drop the charge after agreeing that the charge could not be proved beyond a reasonable doubt at trial. Click here to continue reading.

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2. Petty Theft (California Penal Code section 488)


In July 2012, there were a reported 116 petty thefts in Newport Beach. This accounted for 16% of the city’s petty thefts in 2012.
To convict you of petty theft under PC 488, the prosecutor will need to prove the following elements:

1. You took possession of property owned by someone else;
2. You took possession of the property without the owner’s permission;
3. When you took the property, you intended to deprive the owner of it permanently or remove it from the owner’s possession for an extended period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property.

The prosecutor also carries the significant evidentiary burden of proving three additional facts in order to convict you of petty theft:

1.The stolen property had a market value of $950 or less;
2. The property was not taken directly from the owner (e.g. pickpocketing); AND
3. The property is not of a special type, such as an automobile, firearm, or farm animal.

Recently, experienced Wallin & Klarich defense attorney Andrei F. Lapine helped one of our clients avoid time in a juvenile detention facility after she was accused of petty theft under PC 488. If convicted, our client faced up to 6 months in juvenile detention. Mr. Lapine used his extensive legal knowledge to raise a successful objection to the arresting officer’s testimony against our client. Read the full story here.

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3. Assault (California Penal Code section 240)


There were 57 reported assaults in Newport Beach in July of 2012. Aside from August 2012 (52 reported assaults), no other month saw more than 50 reported assaults.
California Penal Code section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

To convict you of assault under PC 240, the prosecutor must prove the following elements:

1.You acted willfully;
2. Your act was a direct and probable result in the application of force to another;
3. You were aware that the act would likely result in application of force to another; AND
4. You had the present ability to apply the unlawful force.

Consider the following example:
On the Fourth of July, you were celebrating with friends at Sharkeez in Newport Beach. As you approached the bar to grab a drink, another individual bumped into you. Believing this contact to be intentional, you swung your fist at the person’s face, but missed.

You may be convicted of assault if the prosecutor can prove the following facts:

1. Your punch was willful;
2. Your punch was a direct and probably result in the application of force to another;
3. You were aware that your punch would likely result in the application of force to another; AND
4. You had the present ability to punch the person.

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4. Burglary (California Penal Code section 459)


In July 2012, there were 44 reported burglaries in Newport Beach. According to NBPD’s crime statistics, 27 of these burglaries were residential burglaries.

There are two types of burglary offenses- first and second degree burglary. The prosecutor will need to prove the following elements to convict you of first degree burglary:

1. You entered an inhabited home or a room inside of an inhabited home; AND
2. When you entered an inhabited home or a room inside of an inhabited home, you intended to commit theft or another felony.

To convict you of second degree burglary, the prosecutor will need to show the two elements listed below:

1. You entered an enclosure, such as a building, room, vehicle, vessel, cargo or container; AND
2. When you entered an enclosure, such as a building, room, vehicle, vessel, cargo, or container, you intended to commit a theft or another felony.

Outstanding criminal defense lawyer Christopher Lee recently convinced the district attorney to drop two felony burglary charges against our client, thus allowing him to maintain his employment. If convicted of both charges, our client faced up to 1 year in county jail and termination of his employment. After several negotiations with the district attorney, Mr. Lee persuaded the prosecutor that the charges against our client were not proportional to the alleged conduct. Click here to read more.

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5. DUI (Vehicle Code section 23152(a), 23152(b))


July 2012 saw a reported 42 DUI offenses. Fortunately, the city of Newport Beach often closes its busiest streets (e.g. Balboa Ave) during the Fourth of July festivities in order to protect visitors and residents alike.

You may be charged with a DUI under VC 23152(a) or 23152(b). The punishment for a DUI will be the same regardless of which code section you are charged under.


To convict you of a DUI under VC 23152(a), the prosecutor must prove the following two elements:

1. You drove a vehicle; AND
2. When you drove the vehicle, you were under the influence of an alcoholic beverage, drug, or the combined influence of both.

The prosecutor will need to show the following two elements to convict you of a DUI under VC 23152(b):

1. You drove a vehicle; AND
2. When you drove the vehicle, your blood alcohol level was 0.08% or more by weight.

Top Newport Beach DUI defense attorney, Matthew B. Wallin, recently earned a dismissal of all DUI charges against our client. If convicted of the charges, our client faced up to 6 months in county jail, up to $2,000 in court fines, and a loss of his driver’s license. Mr. Wallin achieved this outstanding result by challenging the legality of the arresting officer’s traffic stop. Full story here.

What can Wallin & Klarich do for you?


The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of criminal offenses. Our law firm approaches every case with the belief that the person we are defending could be one of our own family members. We have 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.

Our offices are located in Orange County, San Bernardino, Los Angeles, San Diego, Riverside, West Covina, Victorville, Torrance, Sherman Oaks, and Ventura. Call us today at (888) 280-6839. We will get through this together.

When Can You Be Charged For A DUI?

July 2, 2013,

I Blew A 0.05 Bac On The Breathalyzer Test. Why Am I Being Charged With A DUI? (Vc 23152(A), Vc 23152(B))


You recently attended a friend’s birthday party and had a few drinks. You made certain to control your alcohol intake in order to remain under the legal blood alcohol content (BAC) limit for drivers. Just before arriving home, you were stopped by a police officer and asked to perform a breathalyzer test. You were charged with driving under the influence of alcohol (DUI) under VC 23152(a) after blowing a 0.05 BAC. Can you be charged with a DUI even though your BAC was under the legal driving limit?

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Understanding California DUI laws (VC 23152(a), VC 23152(b))

VC 23152(a) states the following:

“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.”

VC 23152(b) states the following:

“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.”

In California, you may be charged with a DUI under VC 23152(a), VC 23152(b), or both code sections. In the scenario above, you were charged with a DUI under VC 23152(a) since VC 23152(b) does not apply to you as a result of your BAC being below the legal limit.

You are considered to be “under the influence” if the prosecutor can show the following two elements:

    • Your driving abilities were impaired due to consumption of an alcoholic beverage, drug, or combination of both; AND
    • As a result of this impairment, you were unable to exercise the ordinary care of a reasonable, sober driver in a similar circumstance.

In the scenario above, you may be charged with a DUI even though you blew a BAC on the breathalyzer test under the legal driving limit. If your driving ability was sufficiently impaired by 1-2 alcoholic beverages and you were unable to exercise ordinary care, you may have been “under the influence” of alcohol even though your BAC was under the legal driving limit.

If the police officer believed that you were under the influence of alcohol, he or she may have had probable cause to arrest you on suspicion of a DUI. However, it is important to remember that your driving ability is only one factor to be considered when determining whether you were under the influence of alcohol.

Other circumstances to be considered when determining whether you were under the influence of alcohol may include the following:

    • Bloodshot eyes;
    • Performance on field sobriety tests;
    • Slurred speech; OR
    • Smell of alcohol on your breath.

Why you should hire the DUI defense attorneys at Wallin & Klarich

If you are facing a DUI charge, you should contact the Law Offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and use all available defenses in order to provide you with the best opportunity to win your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will get through this together.

National Safety Board Recommends Dropping DUI Limit From 0.08 To 0.05

May 14, 2013,

DUI%20Defense%20Attorneys%20888-280-6839.jpg On May 14, 2013, the National Transportation Safety Board recommended that all states drop the legal limit for a DUI from 0.08 to 0.05.

If this law were to be passed in California it would drastically increase the number of DUI arrests.

The NTSB claims that by reducing the legal limit from 0.08 down to 0.05 it would cut the deaths in DUI accidents by more than half. It cited in its report that more than 100 countries have adopted the 0.05 standard. The result has been that the share of traffic deaths related to drunk driving was reduced by more than half over a ten year period.

The problem with lowering the limit is the reality of how much alcohol needs to be in a person's body for them to reach a .05 blood alcohol level.

Experts report than a woman who weights less than 120 pounds will reach .05 after just one drink. A man weighing up to 160 pounds will reach a 0.05 level after two drinks.

If you were to ask a woman who had consumed one drink if she was “under the influence” the answer would be NO in about 100% of cases. The same would be true if you ask a male if he felt he was “under the influence” after consuming only two drinks. What this means is every day thousands of California residents would get into their vehicles believing they were fine to drive, only to be pulled over and prosecuted for a DUI.

The impact of reducing the legal limit for a DUI must be studied very carefully. Nobody wants even one person to be injured or killed by a drunk driver. On the other hand it seems the impact of lowering the current blood alcohol level will make it extremely difficult for persons to consume even a small amount of alcohol and drive their vehicle.

Many would say we should err on the side of “caution” because if we can save lives by lowering the legal limit we should do so.

Others will say that reducing the limit to .05 will result in far too many unwarranted DUI arrests and convictions. The consequences of a DUI conviction in California are severe. The total cost of a DUI can exceed $20,000. Many people convicted of a DUI will lose their driving privilege and their employment.

Being charged for a DUI under the current situation is already daunting enough. However if you are facing a DUI charge, you do not have to handle it alone. The DUI attorneys at Wallin & Klarich have been defending clients facing DUI charges for over 30 years. With offices all over Southern California, do not hesitate to call us at (888) 280-6839. We will be there when you call.

As a college student in Orange County on a career path to be a lawyer, how does a Second DUI conviction impact me?

April 30, 2013,

There are a number of severe punishments associated with a second DUI, a violation of California Vehicle Code (VC) Section 23152.

Orange%20County%20DUI%20Attorneys%20888-280-6839.jpg If the second DUI happened within 10 years of a separate DUI or reckless driving charge that resulted in a conviction, you face imprisonment in county jail for up to one year and a fine ranging between $390 and $1000. See VC 23540.

Also, if you are convicted under VC 23152, the DMV will suspend your license for two years. See VC Section 13352(a)(3).

You will be put on probation (CVC 23600) for 3 to 5 years, requiring, among other things, that you do not drive a motor vehicle with ANY measureable amount of alcohol in your blood.

The court will also require you to complete either an 18 month or 30 month driving-under-the-influence program.

If you are on a path to become a lawyer, a second DUI will put your admission at risk, since the conviction would put your moral character into question.

The Prosecutor’s burden in a DUI case

To prove that the you were driving under the influence of a drug or alcohol, the prosecution must prove that


  1. You drove a vehicle; AND

  2. As a result of drinking an alcoholic beverage or taking a drug, your mental or physical abilities were such that you no longer were able to drive a vehicle with the caution of a sober person, using ordinary care.


California DUI Attorney

An aggressive Wallin & Klarich attorney can help to lessen, or entirely avoid, the severe consequences that could result from a second DUI charge. Wallin & Klarich attorneys are well-versed in DUI defense strategies. After a close examination of the case, your Orange County DUI attorney can oftentimes raise viable defenses or persuade the prosecutor to lessen your punishment. For example, if the prosecution cannot prove that you were driving, the charges will likely be dismissed or you will be found not guilty at trial. If you or a loved one is facing a second DUI charge, call an experienced Orange County DUI attorney at (888) 280-6839 for a phone consultation. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. We will be there when you call.

How can an Orange County DUI attorney help me win my second DUI case? VC 23152(a) and 23152(b)

April 19, 2013,

If you face allegations for driving under the influence of alcohol or a drug for the second time within 10 years, you face all of the challenges of a first DUI, but with heightened punishment. But all is not lost. There are several ways to reduce your punishment or get a dismissal of your DUI case. First, you have to understand what you are facing. Let’s start by understanding DUIs generally.

DUI Prosecution in California

DUI%20Defense%20Attorneys%20888-280-6839.jpg California Vehicle Code section 23152 and related sections criminalize driving under the influence of drugs or alcohol. A DUI charge prosecuted under section 23152 is a misdemeanor in California. However, if you injure someone as a result of your DUI, the DUI becomes a felony under Vehicle Code section 23153.

Sub-section A and B are the most commonly prosecuted types of misdemeanor DUI. Section 23152(a) makes it illegal to operate a motor vehicle while “under the influence” of alcohol or a drug. 23152(b) makes it illegal to operate a motor vehicle with a Blood Alcohol Content level of 0.08% or higher.

For 23152(a) the prosecutor must prove:

1. You drove a vehicle; AND

2. You drove while under the influence of a drug or alcohol.

The second element in 23152(a) will require the prosecutor to show that you were under the influence of alcohol or a drug. So, the prosecutor needs to present evidence that you were intoxicated. This evidence usually comes from testimony from a person who saw you drinking, the arresting officer, and even other drivers who witnessed your driving.

For 23152(b), the prosecutor must prove that:

1. You drove a vehicle;AND

2. You did so while having a Blood Alcohol Content level of 0.08% or higher.

The second element of 23152(b) is actually much easier for the prosecutor to prove than the second element of 23152(a). In California, the chemical test determining Blood Alcohol Content creates a rebuttable presumption that you were under the influence. This means that you are presumed to be under the influence of alcohol if your Blood Alcohol Content is over 0.08% unless you can prove that you in fact were not under the influence.

Second DUI Violation within 10 years-- VC 23540

If this is your second DUI conviction within 10 years, the only addition to the prosecutor’s burden of proof is that they must show the prior conviction. This is as easy as pulling up your record. The real effect of a second DUI is in the punishment.

Under California Vehicle Code section 23540, a second conviction is punished by:

Imprisonment in county jail for up to one year;

A fine of up to $1,000; and

Your driver’s license will be suspended by the DMV for 2 years (Vehicle Code section 13352(a)(3)). Completion of a driving re-education course is required to get your driver’s license back (Vehicle code section 13352(a)(3) and section 23542).

The court will also likely impose other fines and penalties for your second DUI conviction within 10 years.

Moreover, if you cause injury to another person while driving under the influence, you may be convicted of violating California Vehicle Code section 23153, which is punishable by:

Imprisonment in county jail for up to one year;

A fine of up to $5000; and

Your driver’s license will be suspended by the DMV for DMV for 3 years. (Vehicle Code section 13352(a)(4)). Completion of a driving re-education course is required to get your driver’s license back.

What can Wallin & Klarich do to help me?

Many people facing second DUI charges often think the evidence against them is overwhelmingly in the prosecutor’s favor. That is not always the case. There are many ways to attack a DUI charge. The experienced DUI defense attorneys at Wallin & Klarich are dedicated to getting you the best possible result for your case. Over the past 30 years, we have found several successful strategies.

Our first step in your DUI defense is always learning all of the circumstances of your case. There are many ways to attack the accuracy of the Blood Alcohol Content test—whether you took a breathalyzer or a blood test. For example, if the breathalyzer that the police officer used was not properly calibrated, then we may be able to dispute the accuracy of the breathalyzer test.

Along with trying to disprove the case against you, we will always try to find ways to mitigate your punishment. Under Vehicle Code sections 23542 and 23600, the court may place you on probation instead of a jail or prison sentence. We know that staying out of jail is important to you and we will fight for your freedom.

In addition, following your DUI arrest, the DMV may suspend your driver’s license. You only have 10 days after your arrest to request a DMV hearing to protest the suspension. If you miss this window to request a hearing, you waive your right to the DMV hearing and your driver’s license will be suspended. If you contact a Wallin & Klarich attorney today, we may be able to take the steps to prevent the DMV from suspending your driver’s license.

If you face a second DUI charge in Orange County, you need to contact the experienced DUI defense attorneys at Wallin & Klarich right away. We have over 30 years of experience successfully defending clients against DUI charges. Our offices are conveniently located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Victorville, Ventura, West Covina, Torrance, and Sherman Oaks.

Call us today at (888) 280-6839. We will be there when you call.

If I am a minor, what are the consequences for a DUI conviction? (California Vehicle Code section 23136, 23140, 23152)

April 16, 2013,

California generally has a “zero tolerance” policy for juveniles who are found to be guilty of a DUI. If you are juvenile who has been charged with a DUI, you may be charged not only for a juvenile DUI, but also a traditional DUI if your blood alcohol content is over the legal limit of 0.08%. If you are a minor and you have been charged with a DUI, it is important that you seek an experienced DUI defense attorney to assist you through the legal process.

California’s “Zero Tolerance” Law (California Vehicle Code 23136)

California%20DUI%20Attorneys%20888-280-6839.jpg Under California Vehicle Code section 23136, it is unlawful for you to drive a vehicle if you are under the age of 21 and have a blood alcohol content of 0.01% or greater. This is commonly called California’s “Zero Tolerance” law because it does not require that you be under the influence of alcohol, just that you have some measurable amount of alcohol in your system.

California Vehicle Code section 23136 explains that the law considers you to have already consented to an alcohol screening test or blood alcohol content test if you are under the age of 21 and operating a vehicle after consuming alcohol.

If you are convicted of a DUI under California Vehicle Code section 23136, you face an infraction and the Department of Motor Vehicles (DMV) will suspend your driver’s license for up to one year.

Under 21 DUI with a BAC of 0.05% - 0.07% (California Vehicle Code 23140)

California Vehicle Code section 23140 states that it is unlawful for you to operate a vehicle if you are under the age of 21 and your blood alcohol content is between 0.05% and 0.07%.If you are found guilty under California Vehicle Code section 23140, you face a sentence of up to six months in county jail and a fine of $100. If you are found guilty of a second violation under California Vehicle Code section 23140 within one year, you could face a sentence of up to one year in county jail and the fine increases to $200. The fine increases to $300 for a third offense within one year and you could face up to one year in county jail.

If you are found to have violated California Vehicle Code section 23140, you will also be in violation of California Vehicle Code section 23136, or California’s “Zero Tolerance” law. As a result, your driver’s license will be suspended for one year in addition to the penalties you face under California Vehicle section 23140. The court may also require that you attend an alcohol program before your driving privileges are reinstated.

Traditional DUI (California Vehicle Code 23152)

If you are a minor, you may still be charged under California’s traditional DUI law, California Vehicle Code section 23152, if your blood alcohol content was 0.08% or higher while you were operating the vehicle. A conviction for violating California Vehicle Code section 23152 carries significant consequences. Punishment for a first-time DUI offense in California can require that you serve up to six months in county jail and pay a fine up to $1,000. In addition, court costs and other fees can bring your total cost for a DUI conviction to nearly $16,000. In the alternative, the court may decide to give you probation instead of a jail sentence, which could last for three to five years.

If you have violated California Vehicle Code section 23152, you can still be found to be in violation of California Vehicle Code section 23136 and 23140, and will be subject to the consequences associated with those offenses.

Call Wallin & Klarich

If you are juvenile facing DUI charges, Wallin & Klarich is here to help. The DUI attorneys at Wallin & Klarich have over 30 years of experience helping clients avoid the devastating consequences of a DUI conviction and are knowledgeable about juvenile cases. Criminal charges as a juvenile can have a negative effect on your future and affect your life for years to come. Do not hesitate to contact an experienced DUI defense attorney at Wallin & Klarich to help you with your case.

Call Wallin & Klarich today at (888) 280-6839. We have offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. We will get through this together.

I have just been arrested for a second time DUI in San Bernardino, what are the punishments? (Vehicle Code section 23152)

December 27, 2012,

A DUI conviction in San Bernardino always results in severe consequences as it usually results in jail time, fines and a license suspension. As you can probably guess, a second time DUI conviction has greater impact as the fines and possible jail time are increased dramatically. In understanding the punishments you face, it is important to determine whether your second DUI conviction was within 10 years of your first DUI offense. If so, the prosecuting agency can use your first DUI conviction as a “prior offense” and subject you to greater punishment. However, if it has been more than 10 years since your first offense, the District Attorney will not allege a prior offense and you can likely be subject to penalties reserved for first time offenders.
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If you are convicted of a second time DUI in San Bernardino and your first DUI offense was within 10 years, then you will be facing a misdemeanor charge of driving under the influence. You can be punished with imprisonment in a county jail for up a minimum of 30 days or a maximum of one year. You will be required to complete an 18 month multiple offender alcohol program as well as have your driving privileges suspended for two years. Also, you will be required to pay fines that can add up to $2,000 or more.

As part of your second time DUI conviction, the judge will order you to be placed on informal probation from anywhere between three to five years. Terms of probation will include:

• Do not drive a motor vehicle with any measurable amount of alcohol
• Submit to a chemical test of your blood on demand by any law enforcement officer
• Do not drive without a valid driver’s license in your possession
• Do not drive without proof of valid automobile insurance
• Disclose terms and conditions of probation when asked by any law enforcement officer

If you are arrested and charged with a second time DUI, you must immediately contact one of our experienced DUI attorneys at Wallin and Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. You can also fill out our contact form and one of our attorneys will email you or call you back immediately. We will fight for you.

What are the consequences if I am facing a second DUI charge in Newport Beach? (CVC 23540)

December 27, 2012,

A charge for a second DUI in Newport Beach can carry significant consequences if it occurs within 10 years of a prior DUI conviction. Most significantly, a charge for a second DUI in Newport Beach may result in imprisonment in county jail for up to one year and/or a fine up to $1000. A court may also require you to participate in a driving under the influence program that will last from 18 months to 30 months.

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Another frequent consequence of a second DUI charge is the loss of your California Driver License. If you are charged with a second DUI within 10 years of a previous DUI conviction, the court will subject you to a two-year suspension of your California Driver License. Further, the DMV may also suspend your license for one year if you refuse to submit to a blood alcohol test of if your blood alcohol is measured above the .08 legal limit. A suspension imposed by the DMV and a suspension imposed by the court are separately enforced; however the total suspension period may not exceed two years.

Both the DMV suspension and the court suspension of your California Driver License can be challenged. In order to prevent a suspension of your license you must win at the DMV hearing and then must have the DUI charge reduced. To ensure your California driving privileges are not suspended it is important that you contact a competent Newport Beach DUI defense attorney.

Wallin & Klarich has been successfully helping those charged with a DUI in Newport Beach for over 30 years. The attorneys at Wallin & Klarich are highly skilled and knowledgeable and can assist you to achieve the best possible result in your DUI case. Call us today at 1-888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.

What Are The Consequences of Being Charged With A DUI Causing Injury in San Bernardino?

December 20, 2012,

If you are charged with a DUI causing injury in San Bernardino the prosecution can choose to charge you with a misdemeanor or a felony. A felony DUI carries harsher consequences than a misdemeanor DUI, and can subject you to 3 years in jail or a $10,000 fine. Whereas, a misdemeanor DUI carries a punishment of a fine up to $1000 and jail time up to 6 months. In addition to the penalties associated with the criminal charges, a DUI causing injury may also result in a suspension or revocation of your driver’s license.

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In order for you to be charged with a DUI causing injury the prosecution must show that you were driving under the influence of drugs or alcohol, that you neglected to perform a legal duty, and that another person was injured as a result. Under California law, all drivers have a duty to maintain proper control of a vehicle and to exercise ordinary care while driving a motorized vehicle. Therefore, if you were driving under the influence of drugs or alcohol you may have violated your legal duty.

If you or a loved one has been charged with a DUI causing injury in San Bernardino it is important that you contact a DUI defense attorney to represent you. Consulting with a San Bernardino DUI defense attorney upon arrest or early on in the investigation may protect you from the harsh consequences associated with a DUI. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases and have the knowledge and experience to assist you in your DUI case. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839.We will be there when you call.

What Makes A DUI A Felony and Are The Consequences More Serious?

December 13, 2012,

One can only hope to never be stopped, arrested and charged with a DUI in California – let alone a Felony DUI. California has harsh DUI laws, particularly involving a Felony DUI.
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A DUI can be charged as a Felony under the following circumstances:

(1) If you are arrested for your 4th “generic” misdemeanor-type DUI within 10 years, then the 4th DUI can be charged as a Felony
(2) If you are driving under the influence of alcohol and/or drugs and you are involved in a traffic collision that causes an injury to someone, the prosecutor can file the DUI as a Felony even if it is your 1st DUI
(3) If you are arrested for your 2nd or 3rd “generic” misdemeanor-type DUI within 10 years of a prior Felony DUI, then the newest DUI can be charged as a Felony.

The possible consequences of a Felony DUI are supervised formal probation, up to $10,000 in fines, longer alcohol programs, license revocation and up to 3 years in jail. In addition, a felony conviction will affect one’s rights: immigration status, gun ownership/possession, right to vote, etc.

While the consequences may seem dire, there are many steps a Felony DUI defense attorney can take to mitigate the circumstances and negotiate to have the charge reduced to a misdemeanor.

Get the competent representation you will need for your defense. Wallin & Klarich has been handling Felony DUI cases for decades. Contact the attorneys at Wallin & Klarich to represent you during this difficult and stressful time in your life. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839. We will be there when you call.

What Consequences am I facing for my Second DUI in Orange County? [CVC 13352(a)]

December 10, 2012,

A second DUI conviction in Orange County with a prior DUI in the past 10 years can carry serious consequences, including up to 5 years probation and up to one year in Orange County jail.
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If you face a second time DUI, the most difficult potential consequence is the loss of your California Driver License. If you were convicted of DUI or wet reckless once, and you get convicted of DUI again within 10 years, the new conviction triggers a two-year suspension of your California Driver License. See VC sec. 13352 (a) (3). However, if you get the new DUI charge reduced to reckless driving, exhibition of speed, or some offense other than DUI, you can avoid this court-triggered license suspension.

If your blood alcohol measured .08 or higher, or if you refused to submit to a BAC test, the DMV will also seek to impose its own one-year driver license suspension after your second-time DUI offense. This administrative suspension is separate from the Orange County court-triggered suspension. However, even if you suffer both suspensions, the total suspension period can not exceed two years.

You have a right to a DMV hearing to contest the administrative suspension. At the hearing, you can challenge the suspension and can be represented by an Orange County DUI defense lawyer, like the skilled attorneys at Wallin & Klarich. If you win the DMV hearing, no administrative suspension is imposed. If you lose the DMV hearing, the two-year administrative suspension is imposed.

It is important to have a skilled lawyer representing you at both, the criminal hearing and the DMV hearing. If you were arrested for a second time DUI, you must do two things to avoid the one or two-year suspension of your California Driver License. First, you must avoid being convicted of DUI in court (or you must at least get the DUI charges reduced). Second, you must win your DMV hearing. If you fail either of these, the DUI will cost you your driving privileges in California.

There are many factors that determine the outcome of a criminal case. Having a highly skilled Orange County DUI Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUIs in Orange County win their cases for over 30 years. You can call us at 888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.

If You Refuse All Chemical Tests In Your DUI Case That May Mean Your Case Can Be Dismissed Due To A Lack Of Probable Cause To Arrest You

December 7, 2012,

A DUI defense argument can be made that because the defendant driver refused all field sobriety tests (FSTs) and refused all chemical tests the officer did not have sufficient probable cause to make an arrest. When facing the intense pressure of a DUI investigation, many drivers will refuse all FSTs and breath/blood chemical tests when the consequences of such refusal are not as harsh as the penalties would be for a DUI conviction.

In cases of defendant’s refusal, developing probable cause to arrest is more difficult for officers and prosecutors to prove. Prosecutors will turn to the officer’s other observations of intoxication or other indicators of impairment. Without other evidence it is difficult to prove the arresting officer was acting with the requisite cause to be supported by DUI and probable cause law.

In order to make sure that your rights are accurately and aggressively defended after being charged with a DUI in Orange County, you will want to contact the experienced DUI law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com for more information. We will be there when you call.

Defending a Charge of Driving Under the Influence: Challenging a Breath Test

November 29, 2012,

1) Inadequate or broken observation period. In order to properly read your BAC by a breath test, the testing officer must observe you continuously for at least 15 minutes before taking a sample. If you belch, vomit, or regurgitate gas in your mouth before the test, your BAC may read inaccurately high. If the officer has not observed you continuously for 15 minutes prior to measuring your BAC, it will be impossible for him to say that you did contaminate your own breath test.

2) Something in your mouth causes an inaccurate reading. Common items such as cough drops, breath mints, or chewing tobacco may remain in your mouth when a breath test is administered and can contaminate the results.

3) Your own personal medical history. If diagnosed prior to your arrest for DUI, many conditions, such as gastric reflux disease, intestinal problems, diabetes, and respiratory problems, can be used to show the likelihood of an inaccurate BAC reading from a breath test.

4) Your own personal dental history. Gum disease, gingivitis, and pockets around the roots of your teeth, as well as dentures or bridgework may trap alcohol in your mouth and contaminate a breath sample.

5) Your behavior or actions do not match test results. If there are witnesses, video tape, or observations by officers that suggests you were not intoxicated, it may be possible to challenge the readings from a breath test.

6) Rising blood alcohol level. If your first breath sample registers slightly over the legal limit, and a second sample taken later is higher, it is clear your BAC is rising. If this is the case it may be possible to argue that, at the time you were driving, your BAC was not over the legal limit.

7) Inexperience or incompetence of the arresting or testing officer. If the officer who arrested you or took your breath sample is not trained in the proper procedure or fails to follow protocol it may be possible to have the results of the improperly administered breath test thrown out.

8) Accuracy of the breath test machine. An artificially high reading can result from interference with the circuitry of a machine due to radio interference, shared power sources, or smoking in or near the machine.

9) Irregular samples. Consecutive BAC readings that vary a great deal can be used to challenge the accuracy of breath samples.

10) Statutory time limit. The prosecution must prove that the breath sample was obtained within three hours of the time you were driving in order to invoke the presumption that you were intoxicated at the time you were driving.

If you or your loved one is currently facing a DUI charge. You must call us now to go over your rights. 888-280-6839. You have 10 days from the date of your DUI arrest to contact the DMV to set a DMV hearing or you will lose your driver's license. We have over 30 years of experience defending clients. We have offices in Los Angeles, Riverside, Ventura, San Bernardino, Orange Counties. We will be there when you call.

Can I still successfully fight a DUI charge if my alcohol level was above the legal limit?

November 29, 2012,

The simple answer is yes, absolutely. Your alcohol level is one of many factors that must be considered in a DUI case. Often times individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect’s alcohol level is an important factor but several other factors must be analyzed and considered in the fight against a DUI conviction.
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Some of the primary factors to consider with your DUI attorney include: (1) reason your vehicle was stopped in the first place; (2) statements to law enforcement at the scene of the DUI investigation; (3) performance of various field sobriety tests; (4) whether the officer followed proper procedure in making an arrest determination; (5) circumstances surrounding the testing of your alcohol content. These are only a few of the important factors used to successfully fight and beat a DUI charge.

Your manner of driving is an important factor. There is a big difference between speeding 130 mph on the freeway while swerving and not coming to a complete stop at a stop sign. Just because your vehicle was stopped does not mean your vehicle was stopped lawfully. In addition, no two DUI stops and investigations are alike. That is why it is so important to hire an experienced criminal defense attorney versed in the most current DUI laws and defenses.

The prosecution must prove numerous elements, beyond a reasonable doubt, to sustain a criminal conviction. Again, the answer is YES, you can absolutely fight and successfully defend against a DUI charge even if you were found to be driving while over the legal limit.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive. If you or a loved one have been accused or charged with DUI in Orange 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 criminal defense attorney about your case.

DUI Drugs - Ability To Safely Drive Your Vehicle

November 28, 2012,

The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle

California Vehicle Code 23152(a) prohibits driving under the influence of drugs.
It is irrelevant whether the drugs were legal or illegal, prescription or over-the-counter. Under California DUI law, “drugs” means any substance or combination of substances (other than alcohol) which could affect your central nervous system, brain, or muscles.

The language of California Vehicle Code 23152(a) specifies that if “your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”

The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle. One extremely relevant factor is the reason for the initial DUI stop – is it alleged that you were speeding 70 mph in a 65 mph zone, or did you cause a traffic accident after bolting through a red light? This will be taken into consideration by the prosecutor, judge and jury.

In order to make sure that your rights are accurately and aggressively defended after being charged with DUI in Orange County, you may want to contact the experienced Orange County criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

If I blew exactly .08, will I be charged for a DUI?

November 28, 2012,

Under California law, it is unlawful for any one who is under the influence of alcohol or drug(s) or a combination of alcohol and drug(s) to drive a vehicle. “Under the influence” means as a result of using alcohol and / or drugs, your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive the vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. See California Vehicle Code Section 23152(a).
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Per Se DUI: It is also unlawful for any person to drive a vehicle if the person has 0.08 percent or more alcohol in his or her blood whether or not the person is under the influence. This is sometimes known as a “per se DUI.” There is a rebuttable presumption that you had 0.08 % or more of alcohol in your blood at the time of driving the vehicle if you had 0.08 % or more of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. See CA Vehicle Code Section 23152(b).

In order to convict a person of DUI, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood. This gives the prosecutor two bites at the same apple; a conviction under either law counts as a DUI. One’s performance on the field sobriety tests at the scene of the stop is extremely relevant to defending a DUI case. Prosecutors and defense attorneys will look critically at all observations, actions, and/or admissions made by the suspect.

If you or a loved one have been accused or charged with DUI in Orange County, it is essential 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 at the DMV and in criminal court. Call the law firm of Wallin& Klarich today at, (888) 280-6839 to speak to an experienced criminal defense attorney about your case. We will be there when you call.

Driving under the influence of alcohol or drugs under California Vehicle Code Section 23152 (a)

November 15, 2012,

Code section 23152 prohibits driving under the influence of drugs or alcohol. Drugs are substances that affect your physical or mental abilities to drive a vehicle with caution that a sober reasonable person would under the same circumstances.
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Some type of drugs that fall within the ambit of this code section include marijuana, prescription drugs, pain killers, anti depressants, pcp, ecstasy and even cold medicine.

The prosecution will look at whether the drug ingested affected your ability to safely operate a vehicle among other factors.

When this circumstance arises, a drug recognition expert (DRE) is called out to the scene. This individual is specifically trained to identify any individual who is under the influence of alcohol or drugs.

The DRE officer will conduct testing including checking pulse rate, an eye examination, and administer field sobriety tests similar to the alcohol DUI field sobriety tests.

DRE are typically called as part of the prosecution’s evidence and to testify as to the drug ingested or used as well as the toxicology result which shows a positive or negative result.

If you or someone you love has been accused of a DUI offense or reckless driving offense in California, contact the experienced DUI criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit us at www.wklaw.com for a free phone consultation. We will be there when you call. We have offices in Los Angeles, Riverside, San Bernardino, Ventura and Orange Counties.

Delaware Man Blames Elephant For His 7th DUI Charge

November 8, 2012,

A Delaware man, who allegedly was driving under the influence, said an elephant crossed his path and he served in order to avoid hitting the elephant.

Samuel Phipps, who is 31 years-old, was arrested and charged with driving under the influence by Delaware State police in New Castle, Delaware. The incident occurred on a Friday night in which Phipps was driving in his Land Rover. The Land Rover veered off the road and ran into a guardrail.

According to the state police, when they arrived at the scene and spoke with Phipps, Phipps told them there was an elephant running loose in the streets.

“The trooper who responded to the scene of the accident found that Phipps appeared to be impaired,” according to a police report, which was acquired by the Philadelphia Inquirer. “Phipps told the trooper that the accident was a result of . . . swerving to avoid an elephant he observed running in the path of his vehicle.”

According to Captain John Day of the state police, to the best of his knowledge, there were no reported elephants running loose in New Castle that night.

Along with being charged with driving under the influence, Phipps’ was also charged with failure to provide insurance.

If you are currently facing charges of driving under the influence, then you need an experienced criminal defense attorney. The criminal defense attorneys at Wallin & Klarich have thirty years of experience successfully defending DUI cases. With offices located throughout the Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties, there is a Wallin & Klarich criminal defense attorney available wherever you are. Please call 888-280-6839 or visit www.wklaw.com for additional information. We will be there when you call.