DUI & Drunk Driving
Biking Under The Influence (BUI) is Against the Law.
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…
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I was asleep in my car drunk and the cops woke me up and arrested me for being “drunk in public.” Can I be convicted for this charge (PC 647f) if I was not “in public”, but merely sleeping my drunkenness off in my car in a parking lot at a bar?
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…
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If convicted of a DUI in Orange County; do I have to take alcohol class??
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…
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What Must Be Considered To Establish A DUI Suspect’s Blood Alcohol Content?
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…
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Driving While Drunk Can Make You a Convicted Murderer – Watson Murder
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…
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5 Alternative Ways to Avoid a Jail Sentence for a DUI in Los Angeles County
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…
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Cinco De Mayo Celebration
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…
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Los Angeles DUI Lawyer explains prosecution
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…
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Los Angeles DUI prosecution
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…
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Observations in a Riverside DUI breath test cases
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…
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