DUI & Drunk Driving
Do I Really Have A Drinking Problem If I Am Arrested For A DUI?
We have represented over 10,000 people accused of DUI over a 30 plus year period. This is a question we are asked by the vast majority of clients who discuss their DUI case with our law firm. The State Bar of California has developed a 20 question list that is a very wise way to help you determine if you (or someone you love) may have a drinking problem. Please…
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Absorption of Alcohol for Drunk Driving
Alcohol is rapidly absorbed once it reaches the small intestine. Anything that delays the stomach from emptying its contents into the small intestine will slow the rate of alcohol absorption. Generally, the most rapid absorption takes place when alcohol is consumed on an empty stomach. Diluted drinks take somewhat longer to absorb. In addition, alcoholic beverages containing ingredients that require digestion, such as carbonated beverages, may also slow absorption. Absorption…
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How Much Time Does the District Attorney Have to Charge me with a DUI in Riverside (CVC 23152a)?
Your Riverside DUI attorney at Wallin & Klarich gladly answers your questions regarding DUI arrests and DUI charges in California. The Riverside district attorney has up to 1 year to file a misdemeanor case from the time of the DUI offense. Under Penal Code section 802(a), the prosecution for an offense, not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170, shall…
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If You Have a Prior DUI Conviction and Kill Someone while Driving Under the Influence, You’ll be Charged with Murder in Orange County (PC 664, 187)
(Watson Murder) Punishments for those convicted of Driving under the Influence have increased significantly over the past several years and rightfully so. With so many lives lost at the hands of DUI drivers, the Orange County District Attorney's Office has made it perfectly clear that if you have a prior DUI conviction and kill somebody when you are impaired by alcohol or drugs, they will have no qualms about charging…
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DUI Convictions Due to Drugs
Not all driving under the influence convictions in California involve alcohol. For a conviction based in whole or part on drug use: 1. The drug must be a substance or combination of substances other than alcohol that can impair driving to an appreciable degree (California Vehicle Code section 312); and 2. It must be proved that the defendant was in fact impaired by that drug (People v. Enriquez (1996) 42…
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Major Leaguer Charged With DUI and Hit and Run
Former #1 overall pick and Major Leaguer, Matt Bush, was arrested on suspicion of DUI and leaving the scene of an accident after getting in a serious collision with a motorcyclist in Tampa, FL. The motorcyclist he his is in serious condition and investigators are still putting together all the details. Bush has a long and storied relationship with alcohol and criminal defense attorneys dating back to his teenage…
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Are DUI Checkpoints in CA Constitutional?
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…
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A Minor Under The Age Of 21, Who Is Convicted Of Being Drunk In Public, Will Lose Their Privilege To Operate A Motor Vehicle
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…
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What can happen if I am arrested for a DUI and my passenger dies as a result of an accident?
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…
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I Was Arrested For Driving Under The Influence While On Private Property, Is This Legal?
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…
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