If I am stopped for a DUI and the officer asks me to submit to a breath test at the scene can I refuse that test?
YES-the officer may ask you to blow into a handheld device called a PAS test, which stands for preliminary alcohol screening test. You do not have to submit to this test and in most cases should not do so. However, if you are arrested the officer will then ask you to take a breath or blood test at the police station. You are required by law to submit to one…
Read MoreWhat will happen to my driving privilege if I am found guilty of a second DUI?
Second DUI In 10 Years. If you are convicted of a DUI and you have a prior DUI conviction within ten years of the current conviction you will have your drivers license suspended for a period of one year. You will be required to complete the SB-38 alcohol program before you can receive your drivers license back. However, you may be able to get a restricted license after a period…
Read MoreWhat will happen to my driving privilege if I am found guilty of a second DUI ?
If you are convicted of a DUI and you have a prior DUI conviction within ten years of the current conviction you will have your drivers license suspended for a period of one year. You will be required to complete the SB-38 alcohol program before you can receive your drivers license back. However, you may be able to get a restricted license after a period of time. Contact our office…
Read MoreI was arrested for a DUI in Orange County when I was on vacation. I live in Texas? Do I have to come back for the court dates if I hire a DUI defense lawyer?
Probably not. In most cases you can retain an experienced DUI defense law firm and they can appear on your behalf without you having to be present. This is pursuant to Penal Code Section 977. However, if you do not appear and if you do not retain a lawyer to appear for you then the court will issue a warrant for your arrest.
Read MoreIf am arrested for DUI how can I prove that I was not intoxicated at the time of driving?
The burden is not on you to prove your innocence. The burden is on the prosecution to prove beyond a reasonable doubt your guilt. There are many excellent defenses that may help you win your case. Every case will depend upon the specific facts of that persons cases. Contact Wallin and Klarich at 877-466-5245 and we can answer your questions now and tell you what defenses you may have in…
Read MoreIf I have a DUI conviction from 12 years ago, will that increase my punishment for the DUI I was just arrested for?
The answer should be no. In California if you have one prior DUI conviction within the past ten years then you will be treated as a Second Offender and face more serious punishment than if you were a first offender. If you have two prior convictions within ten years then your sentence would be a minimum of 120 days in jail plus a 3 year revocation of your driving privilege.…
Read MoreIs post-accident alcohol consumption a valid DUI defense?
Post-Accident Alcohol Consumption is a common DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will rest upon the surrounding facts and circumstances, specifically, the availability of alcohol from the time of the accident and/or crash to the time that police made contact with the driver. It is extremely important to develop a drinking history timeline. A credible drinking pattern is used…
Read MoreIs proof of driving required for a DUI conviction under California Vehicle Code section 23152(a) or California Vehicle Code section 23152(b)
Yes. Basic to any California Vehicle Code section 23152 DUI prosecution in the State of California, is proof of the specific act of driving while one is intoxicated. California’s interpretation of its driving while intoxicated statute is strict. The California Supreme Court observed that: . . . California is one of only six states that condition operation of its implied consent law on the act of “driving” (as opposed to…
Read MoreWhat are the most common reasons for traffic stops leading to DUI?
While there are almost an unlimited number of reasons an officer may use as a basis for conducting a vehicle stop, there are a few regularly recurring reasons for enforcement stops that result in DUI charges. One of the most common reasons for a traffic stops is allegations of “weaving within the lane.” Weaving within the lane—Courts have found that weaving within the lane provides an officer with reasonable cause…
Read MoreWhat does “articulable and reasonable suspicion” mean?
The key question in determining whether a law enforcement vehicle stop was unconstitutional is whether or not the officer had an “articulable and reasonable suspicion” of unlawful activity. The officer need not have probable cause to stop a motorist. The probable cause standard is the standard used to determine the propriety of an arrest—not a detention. The articulable and reasonable suspicion standard is an admittedly vague guidepost for evaluating the…
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