What is a DUI?

PAS_breath_test_DUICalifornia Vehicle Code 23152(a)(b) prohibits operating a vehicle impaired by alcohol or drugs, whether over the counter, prescribed, or illegal. The legal limit is a blood alcohol content (BAC) of 0.08%. However, the police can arrest you for driving with any amount of alcohol in your system while driving if they believe it has impaired your ability to drive under VC 23152(a). If you face a DUI charge in West Covina, you may have to pay expensive fines, lose your license, or worse. Therefore, it’s crucial to consult with an experienced DUI defense attorney at Wallin & Klarich soon after your arrest.

Aside from the standard DUI, California Vehicle Code outlines other formal charges for DUI in West Covina, which include but are not limited to:

DUI in a Commercial Vehicle Laws | California Vehicle Code 23152(d)

Under VC California 23152(d), it’s illegal for commercial drivers to drive with a BAC of 0.04%. Therefore, operating a commercial vehicle with a BAC above can result in a commercial DUI in West Covina.

Felony DUI Laws | California Vehicle Code 23153

Under California Vehicle Code 23153, the prosecution can file felony DUI charges for a DUI causing injury. So if you drive under the influence in West Covina and are involved in a wreck causing injury, you may face felony DUI charges and dramatically increased penalties.

DUI While on Probation | California Vehicle Code 23154

Under California Vehicle Code 23154 prohibits anyone on probation from driving with a BAC of 0.01% or above. The police can arrest you for driving with any amount of alcohol in your system if you are on probation for a prior DUI in West Covina. Your DUI arrest may also result in a probation violation.

Underaged DUI | California Vehicle Code 23136

California has “zero tolerance” for underage drinking and driving. Under California Vehicle Code 23136, the prosecution can charge a minor with an underage DUI for a BAC of 0.01% while driving in West Covina.

DUI Sentencing in West Covina| What You Face

Your DUI sentence depends on the facts of your case and criminal history. In any case, you face costly fines and the loss of your license. However, our skilled DUI lawyers can help you fight a DUI conviction, so contact Wallin & Klarich as soon as possible. Below, you’ll find the legal penalties for first, multiple, and felony DUIs in West Covina.

Sentence for a First DUI Conviction

First-time DUIs generally result in misdemeanor charges depending on the facts of your case. If the prosecution convicts you of a first-time DUI, the court can sentence you to the following penalties in West Covina:

  • A fine from $390 to $1,000 plus penalty assessments may increase your total to over $2,000
  • Jail sentence of 48 hours to 6 months
  • 6-month license suspension
  • One-year commercial license suspension
  • Probation term of 3 to 5 years
  • 30 hours of DUI classes for first-time offenders
  • $125 DMV fee for license reinstatement
  • Installation of Ignition Interlock Device and fees (if judge orders)

Sentence for a Second DUI Conviction

Second-time DUIs are also generally misdemeanors in West Covina unless you injured someone or caused a death. The court can sentence you to the following penalties for a second DUI conviction in West Covina:

  • A fine of up to $1,000 plus penalty assessments
  • A jail sentence of 96 hours up to 364 days
  • Suspension of license for two years
  • Revocation of commercial license
  • Probation term of 3 to 5 years
  • 18 to 30 months of DUI classes for repeat offenders
  • Installation of Ignition Interlock Device

Sentence for a Third DUI Conviction

Third, DUIs are also generally misdemeanors. However, each repeat DUI carries increasingly severe sentencing. The court can sentence you to the following penalties for a third DUI conviction in West Covina:

  • A maximum fine of $1,000 plus 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

A fourth DUI can be filed as either a felony or a misdemeanor. However, a fourth DUI with three prior DUI or wet reckless convictions within 10 years results in a felony charge. The court can sentence you to the following penalties for a fourth DUI conviction in West Covina:

  • A maximum fine of $1,000 plus penalty assessments
  • Prison sentence of 16 months, 2 or 3 years
  • Probation term along with a minimum 180-day jail sentence
  • Revocation of your license for up to four years
  • 30 months of DUI classes for repeat offenses
  • Vehicle impound for 90 days or forfeiture
  • “Habitual Traffic Offender” designation by DMV
  • Additional probation conditions such as self-help meetings, rehab, or community service

DUI Sentence Enhancements

  • The judge will consider all the facts of your case to determine your DUI sentence in West Covina.
  • Sentence enhancements are factors that increase your DUI sentence, some of which include:
  • BAC of 0.15% or higher
  • BAC of 0.20% or higher
  • Prior convictions
  • Being on probation for a prior DUI or another crime
  • Refusal of blood or breath test
  • Driving recklessly and speeding
  • DUI while a child is in the car
  • Causing a wreck resulting in injury or death

Professional and Personal Consequences

A West Covina DUI can cost you much more than fines and DUI school fees. It can increase your car insurance rates for 3 to 7 years following your DUI conviction, making you lose thousands of dollars. In addition to this, you may miss work due to the loss of your license, court dates, and possible jail sentence. When you consider all these factors, it’s easy to imagine the heavy financial burden you face. However, our attorneys at Wallin & Klarich can help you fight a DUI conviction in West Covina. We have over 40 years of experience defending DUI cases, and we have the skills to help you as well. Call us today for your free consultation and find out the legal options for your DUI cases.

Fight Conviction | Defenses For DUI Charges

The key to fighting DUI charges is an expert defense strategy. Our DUI lawyers at Wallin & Klarich have defended thousands of clients facing first and repeat DUIs in West Covina and throughout Southern California. By examining the details of your case, we’ll determine the strongest DUI defense strategy. A few of the most compelling defenses for DUIs include but are not limited to:

Lack Of Probable Cause

West Covina police must have probable cause to stop and arrest you for a DUI. If we can prove the police did not have probable cause to stop you, our attorneys can file a motion to suppress evidence. If our motion is granted, the prosecution can’t use incriminating evidence from your arrest, such as a high BAC or field sobriety test. Without this evidence, a dismissal or reduction of your DUI charges is possible.

Faulty Chemical Test

A high BAC doesn’t necessarily mean a definite DUI conviction. Our attorneys have argued faulty chemical tests due to improper calibration in many past DUI cases, resulting in a dismissal of charges. If we believe the equipment was faulty in your case, our attorneys can argue this defense on your behalf.

Improper FST Procedures

California laws outline strict guidelines for Field Sobriety Tests (FST). Our attorney will look for evidence that West Covina police did not follow these guidelines. If we can prove this in court, your attorney could file a motion to suppress the evidence from your field sobriety test.

Hiring A Skilled Defense Attorney | How We Can Assist You

Serious accusations require a skilled and experienced defense attorney. With 40+ years of experience, Wallin & Klarich stands out among the crowd of West Covina criminal defense firms. Our attorneys specialize in defending clients accused of driving under the influence, and we understand the most effective defense strategies. You should consider many factors when choosing a criminal defense lawyer. However, some of the key characteristics that set us apart include:

  • Loyal Advocates
  • Skilled Negotiators
  • Solid Record for 40+ Years
  • Specialized Legal Knowledge

Your Loyal Advocates | The Wallin & Klarich Difference

Loyalty is hard to find. Unfortunately, many law firms treat clients like case numbers rather than real people. At Wallin & Klarich, we believe you deserve respect and dedication. But we don’t just say it; we show it through our devotion to your defense and our interactions with you. Our attorneys promptly address all your concerns because we never want you to feel dismissed or unheard. Rest assured, our communication with you will always be straightforward and genuine. With Wallin & Klarich at your side, you can walk into court confident that we have your best interests in mind. Moreover, we’ll be prepared to put up our strongest fight.

Skilled Negotiators | 40+ Years of Success

Wallin and KlarichWallin & Klarich has a history of success spanning 40+ years. We’ve obtained the best possible results in DUI complex cases and helped our clients avoid spending time behind bars. Their stories stand as a testament to our skilled legal negotiation. More importantly, they renew our motivation to defend others facing charges of driving under the influence in West Covina. Our passion for helping clients has not wavered in over four decades and counting. Discover how our skilled negotiators can help you fight a DUI in West Covina, CA. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled DUI defense attorney.

When you need us, we will be here.

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