What is a DUI?

A DUI is driving under the influence of alcohol or drugs and is illegal in California under VC 23152(a)(b). If you are operating a motor vehicle and have a blood alcohol content of 0.08% or higher, the police can arrest and charge you with a DUI. Because the law gives police the freedom to make judgments based on their observations, they can also arrest you if they believe any amount of alcohol, OTC medicine, prescription, or illegal drugs has impaired your driving.

Unfortunately, their broad discretion has led to wrongful arrests and convictions in numerous cases. If you face accusations of driving under the influence in Irvine, you should consult with our skilled DUI attorneys at Wallin & Klarich as soon as possible. Call us today for your free DUI consultation!

Commercial DUI in Irvine | California Vehicle Code 23152(d)

Under VC 23152(d), which sets a legal limit at a BAC of 0.04%, California has implemented much tougher DUI laws on commercial drivers. So, if you’re driving a vehicle, like a semi-truck, bus, or Uber car, to transport goods or people, you should not consume any alcohol while on the clock. A commercial DUI can result in the loss of your license, job, and much worse. However, if you’ve recently been arrested for a commercial DUI in Irvine, you should contact us today.

Felony DUI Laws | California Vehicle Code 23153

If you cause a wreck while driving under the influence that results in injury, the prosecution can file felony DUI charges. A conviction under California Vehicle Code 23153 carries life-changing penalties. 

DUI While on Probation | California Vehicle Code 23154

If you’re on probation, driving with any alcohol in your system can result in a DUI. As outlined under California Vehicle Code 23154, a BAC of 0.01% or above warrants a DUI while on probation, which means the court may find you guilty of a probation violation as well.  

Underaged DUI | California Vehicle Code 23136

California’s “zero tolerance” law strictly prohibits underage drinking and driving. Anyone under 21 years old will face underage DUI charges for a BAC of 0.01% while driving in Irvine, under California Vehicle Code 23136.

DUI Sentencing in Irvine | Harsh Consequences

The court will review how many prior DUI convictions you have and the facts of your case to determine your sentence. Prior DUI convictions can lead to increased and harsher sentences. However, a DUI conviction carries expensive fines, the loss of your license, even for a first-time offense. With the help of our skilled DUI lawyers, you may be able to avoid a DUI conviction by getting your charges reduced or dropped.  Contact Wallin & Klarich as soon as possible to increase your chances of success! We’ve summarized the penalties for DUIs in Irvine for first, multiple, and felony offenses.

First DUI Conviction:

Most first-time DUIs result in misdemeanor charges, aside from cases involving injury or death. Your first DUI conviction carries the following penalties in Irvine: 

  • A fine ranging from $390 to $1,000 ( Your total can increase to $2,000 or more with penalty assessments.)
  • 48 hours to 6 months in jail 
  • 6-month suspension of your license  
  • One-year suspension of your commercial license
  • 3-5 years of misdemeanor probation 
  • 30 hours of DUI school
  • $125 DMV fee to get your license reinstated
  • Possible Ignition Interlock Device and fees depending on what the judge decides 

Sentence for a Second DUI Conviction:

Your second DUI usually results in a misdemeanor charge in Irvine as long as you weren’t involved in a wreck resulting in injuries or death. The standard penalties for a second DUI conviction in Irvine include:

  • A fine of up to $1,000 (along with penalty assessments)
  • 96 hours to 364 days in jail 
  • Two-year suspension of your driver’s license
  • Revocation of your commercial license 
  • 3-5 years of misdemeanor probation 
  • 18 to 30 months DUI school for repeat offenders
  • Ignition Interlock Device

Sentence for a Third DUI Conviction:

For a third DUI conviction, you’ll have a misdemeanor on your record. However, the court will likely sentence you to the maximum for a repeat DUI offense. You face the following penalties for a third DUI in Irvine: 

  • A fine of $1,000 ( along with penalty assessments)
  • A jail sentence of 120 to 364 days
  • Suspension of license for 3 years
  • Probation term of 3 to 5 years
  • 30 months of DUI classes for repeat offenders
  • Installation of Ignition Interlock Device

Sentence for a Fourth DUI Conviction:

Although the prosecution can file misdemeanor charges, your fourth DUI conviction generally results in a felony if you have three prior DUI or wet reckless convictions in 10 years. You face the following penalties for a fourth DUI in Irvine:

  • $1,000 fine & penalty assessments
  • 16 months to 3 years in prison 
  • A minimum of 180 days in jail & probation 
  • 4-year revocation of your license 
  • 30 months of DUI school
  • Possible forfeiture or impound of your vehicle for 90 days 
  • DMV “Habitual Traffic Offender” status
  • Probation conditions may include self-help meetings, rehab, and community service. 

DUI Sentence Enhancements:

The court reviews all the facts to decide your sentence. Certain factors, referred to as DUI sentence enhancements, result in increased penalties in Irvine. Some of the sentence enhancements include:

  • BAC of 0.15% or above 
  • BAC of 0.20% or above 
  • Past DUI or wet reckless convictions
  • Active probation for a DUI or any other crime 
  • Refusing to submit to chemical testing 
  • Speeding and reckless driving
  • DUI with a child passenger
  • Causing injuries or a fatal wreck  

Professional and Personal Consequences:

Aside from the expensive fees and fines, a DUI can affect your professional and personal life. You may have to miss work due to court dates and lack of reliable transportation, making you lose your job, and when you have to pay hundreds of dollars in fines, the last thing you need is more financial worries. The stress can quickly build up, causing trouble in your relationships as well. 

However, our Irvine DUI attorneys can help you win your DUI case. For over 40 years, we’ve helped thousands of clients facing DUI charges throughout Southern California. You can read some of their stories here. We have exceptional negotiation skills to deliver the best possible result in your case.

Call Wallin & Klarich today and receive your free DUI consultation!

Defeat DUI Charges | Possible Defenses

A powerful DUI defense is essential to your success. Wallin & Klarich has defended thousands of clients facing misdemeanor and felony DUI charges. While there are numerous DUI defense strategies, we carefully select the best route according to the details of your case. We cover some of the most effective DUI defenses below:

Lack Of Probable Cause

The police must have probable cause, or clear evidence of a crime, for a DUI stop or arrest in Irvine. We can raise the argument that the police lacked probable cause, and if the court agrees, we can file a motion to suppress evidence, such as your BAC result or FST findings. Without this incriminating evidence, the prosecution’s case quickly falls apart, sometimes resulting in the dismissal of your case. We have used this defense in past cases with great success. Check out R.P.’s success story!

Faulty Chemical Test

Many people call our office confused about their high BAC. One of the most common questions they ask is how to avoid jail with a high BAC. They’re relieved to discover that we can help them fight a DUI conviction regardless of their BAC level. In many cases, we’ve investigated cases only to find the breathalyzer equipment was faulty or improperly calibrated.

When we convince the court of this fact, the results are thrown out, weakening the prosecution’s case. This often leads to reduced charges or a dismissal.

Improper FST Procedures

The Irvine police must adhere to strict Field Sobriety Tests (FST) guidelines. If we find that they did not, we will present this evidence in court and challenge the officer during our cross-examination. Your Wallin & Klarich attorney can also file a motion to suppress FST results. If granted, the prosecution will have less evidence to use against you, which could result in reduced charges or a dismissal of your case. 

Call Wallin & Klarich today and take the first step toward winning your DUI case! 

Choosing A Top DUI Defense Attorney | We’ll Fight For You

With so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When selecting a DUI attorney, you need to consider what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice
  4. Specialized Legal Expertise

Trusted Legal Advocates | The Wallin & Klarich Difference

You need to be able to trust your DUI attorney. It’s bad enough to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a DUI lawyer who understands the best ways to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you win your drunk driving case in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local DUI attorney that you can trust!

We’re here to help you!

18022 Cowan #285
Irvine, CA 92614

(888) 749-0034
  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

  • This field is for validation purposes and should be left unchanged.


18022 Cowan #285
Irvine, CA 92614
(949) 776-3424
(888) 749-0034

Anaheim Office

1661 N. Raymond Avenue
Suite 140B
Anaheim, CA, 92801
(714) 710-7917
(888) 749-0034


17592 Irvine Blvd
Tustin, CA 92780
(619) 404-2464
(888) 749-0034


41319 12th Street West
Suite 101
Palmdale, CA 93551
(619) 404-2464
(888) 749-0034


1499 Huntington Dr
Ste 402
South Pasadena, CA 91030
(619) 404-2464
(888) 749-0034


7177 Brockton Avenue
Suite 339
Riverside, CA 92506
(951) 684-3340,
(888) 749-0034


225 West Hostitality Lane,
Suite 319
San Bernardino, CA 92408
(909) 383-1867
(888) 749-0034


444 W. C Street
Suite 410
San Diego, CA 92101
(619) 383-3200
(888) 749-0034


21151 S. Western Ave.
Suite 233,
Torrance, CA 90501
(310) 527-5500
(888) 749-0034


15437 Anacapa Road
Suite 12
Victorville, CA 92392
(760) 245-3045
(888) 749-0034


1619 West Garvey Ave.
Suite 107
West Covina, CA 91790
(626) 480-1356
(888) 749-0034

Barstow Office

400 S. 2nd Ave.,
Suite 206
Barstow, California 92311
(760) 389-0338
(888) 749-0034

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.