Tustin DUI Defense Attorney
What Is a DUI?
Driving under the influence, also known as a DUI, is a criminal charge pursuant to the California Vehicle Code. The law prohibits a person who is under the influence of any alcoholic beverage or drug from driving a vehicle. A person is considered “under the influence” when he or she no longer has the ability to drive a vehicle with the caution of a sober person of ordinary prudence under the same or similar circumstances. A DUI may have harsh penalties, including hefty fines, loss of license, or even jail time. However, the experienced defense attorneys at Wallin & Klarich are readily available to help if you are ever charged with a DUI.
Types of DUI Charges
California Vehicle Code Sections 23152(a) and 23152(b)
VC Section 23152(a) prohibits any person from driving under the influence of alcohol or drugs in Tustin, while VC 23152(b) makes it illegal to drive with a blood-alcohol content (BAC) of 0.08% or higher. If you violate either of these statutes, you can be charged with a DUI.
California Vehicle Code Section 23152(d)
VC Section 23152(d) is the DUI law regarding commercial vehicles. Under VC Section 23152(d), operating a commercial vehicle with a BAC of 0.04% or higher is prohibited. If you drive a semi-truck, taxi, bus, or any other vehicle used to commercially transport people or property, you may be charged with a DUI if your BAC is higher than 0.04%.
California Vehicle Code Section 23153
VC Section 23153 covers felony DUIs. It states that it is illegal to drive a vehicle under the influence of alcohol and drugs and commit an unlawful or negligent act that causes injury to another person. For example, if you are under the influence and run a stop sign, causing a car accident and injury to the other passengers, you may be charged with a felony DUI.
California Vehicle Code Section 23154
VC Section 23154 prohibits those who are on probation from having any amount of alcohol in their system while driving. Even if you are under the normal legal limit, you may be charged with a DUI if you have any alcohol in your system while on probation.
California Vehicle Code Section 23136
VC Section 23136 prohibits minors, and drivers under the age of 21, from drinking alcohol. If you are under 21 and have any alcohol in your system while driving, you may be charged with an underage DUI.
Tustin DUI Penalties
Without a proper defense attorney, a DUI charge can lead to serious legal consequences and lots of inconvenience. If you are charged with a DUI in Tustin, consult our experienced DUI defense attorneys at Wallin & Klarich to see how we can help you build the expert defense you need. Otherwise, the penalties you may face will depend on your prior criminal history and the circumstances surrounding your case. Below, we’ve outlined the penalties for first, multiple, and felony DUIs.
Penalties for 1st DUI Conviction
In Tustin, your first DUI will generally be prosecuted as a misdemeanor unless other factors enhance your charge. The penalties for a first DUI conviction include:
- 48 hours to 6 months in county jail
- $390 minimum in fines and additional penalty assessments
- Mandatory license suspension for up to 6 months
- 1 year commercial license suspension
- 3 to 5 years of probation
- 30 hours in a DUI program
- $125 DMV fee for license reinstatement
- Possible installation of an ignition interlock device
Penalties for 2nd DUI Conviction
A second DUI is also generally prosecuted as a misdemeanor. The penalties for a second DUI conviction include:
- 96 hours to 1 year in county jail
- Up to $1,000 in fines and additional penalty assessments
- Mandatory license suspension for 2 years
- Permanent commercial license revocation
- 3 to 5 years of probation
- 18 to 30 months in a DUI program
- Installation of an ignition interlock device
Penalties for 3rd DUI Conviction
While a third DUI is still generally prosecuted as a misdemeanor, it carries more severe punishments. The penalties for a third DUI conviction include:
- 120 days to 1 year in county jail
- Up to $1,000 in fines and additional penalty assessments
- Mandatory license suspension for 3 years
- 3 to 5 years of probation
- 30 months in a DUI program
- Installation of an ignition interlock device
Penalties for 4rd DUI Conviction
If you are charged with a fourth DUI in Tustin, you may be charged with either a misdemeanor or a felony depending on your history. If you received three DUIs and are convicted of a fourth within 10 years, you may face the following penalties:
- 16 months, 2, or 3 years in state prison
- Up to $1,000 in fines and additional penalty assessments
- 180 days minimum in jail if the judge grants probation
- Mandatory license suspension for 4 years
- 30 months in a DUI program
- Forfeiture of your vehicle
- Habitual Traffic Offender status
- Community service
DUI Sentence Enhancements
Under certain conditions, your DUI sentence may face much more severe penalties. These sentence enhancements include:
- A BAC of 0.15% or higher
- A BAC of 0.20% or higher
- Being on probation for a previous DUI or other criminal offense
- Refusing to submit to a blood chemical test
- Speeding or driving recklessly
- Endangering a child
- Causing an accident, injury, or death
Personal and Professional Consequences
In addition to the legal consequences of a DUI conviction, you may also face negative repercussions in your personal and professional life. Specifically, if your license is suspended or revoked, you will suffer much inconvenience in getting to and from work or school. If you are required to serve a jail sentence or attend DUI classes, you may miss work, making it harder to earn income to pay off your fines. To make matters worse, a conviction will show on your record and possibly deter employers, especially those that require a commercial license, from hiring you. As such, you need the best defense possible in order to maintain your license and stay out of jail.
Defenses for DUI
If you are charged with a DUI, you may feel hopeless. However, an experienced defense attorney may bring you peace of mind. With Wallin & Klarich on your side, we can figure out the best defense strategy together. Some of the DUI defenses that we have successfully used for our past clients include the following.
Lack Of Probable Cause
An officer must demonstrate an objective reason for stopping a motorist in order to justify any subsequent evidence obtained. In other words, an officer cannot stop you simply based on a hunch. In cases with no legal justification for the traffic stop, our attorneys can file a Motion to Suppress Evidence in order to prevent the prosecution from using evidence obtained from the arrest.
Faulty Chemical Test
DUI blood and breath tests must be properly administered and meet certain requirements, including regular calibration and maintenance of the testing equipment and proper handling and storage of samples. If these regulations are not strictly observed, our attorneys can call the investigation into question and successfully defend against the DUI charges.
Inaccurate Field Sobriety Test
Field Sobriety Tests (FSTs) aren’t always accurate indicators of alcohol or drug impairment. In fact, some studies have found that they are only 60-70% accurate and can be influenced by nerves or physical conditions such as obesity, injury, or illness. Our experienced attorneys can attack these FSTs in order to get a possible reduction or dismissal of the DUI charges.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
- Experience
- Communication
- Success
- Credibility
40+ Years of Experience Defending DUI Charges
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of DUI charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you fight a DUI. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.