National Safety Board Recommends Dropping DUI Limit From 0.08 To 0.05

By: Wallin & Klarich

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 …

Posted In: DUI & Drunk Driving

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

By: Wallin & Klarich

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

Posted In: DUI & Drunk Driving

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

By: Wallin & Klarich

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 …

Posted In: DUI & Drunk Driving

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

By: Wallin & Klarich

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 …

Posted In: DUI & Drunk Driving

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

By: Wallin & Klarich

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. A DUI can be charged as a Felony under the following circumstances: (1) If you are arrested for your 4th “generic” misdemeanor-type DUI …

Posted In: DUI & Drunk Driving

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

By: Wallin & Klarich

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 …

Posted In: DUI & Drunk Driving