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DUI FAQ Archives - Wallin & Klarich

Our Recent Posts

DUI classes out of state

May 21, 2019

Paul Wallin
Hello I received a dui in Ca in 2016 and was sentenced in 2017 to dui classes and no jail time time. My fiancé is military and we are currently stationed in Wa. I still need to do my dui classes and i was wondering if it was possible to do the classes out here […]

DUI

October 8, 2018

Paul Wallin
I received a second DUI in California in 2011. i did not complete my DUI requirements and i still do not have a license. I now live in Alaska and i do not plan to return to California. I still have a hold on my record. what can i do lift the hold and be […]

dui class transfer

March 1, 2018

Paul Wallin
Can classes begun in CA state where DUI charge originated be transferred to washington state?

DUI Suspension

September 19, 2016

Paul Wallin
I got my DUI on Friday 13th of May, 2013. My hard copy of license was taken and I was given a temporary license for 30 days by the arresting officer. I was ordered 18 months multiple offenders alcohol education classes and the next day after my court hearing I enrolled into the classes and […]

I Was Pulled Over For Driving Under The Influence In San Bernardino. The Cops Found Drug Paraphernalia In My Car. Will I Be Going To Jail?

February 15, 2013

Paul Wallin
Possession of drug paraphernalia under California Health and Safety Code Section 11364 is a misdemeanor punishable by up to six months in county jail. Drug paraphernalia includes a wide number of objects such as pipes, syringes, or anything associated with the use and administration of controlled substances. However, some objects like syringes or other instruments […]

I Am Charged With Felony DUI In Riverside. Will I Lose My License?

January 30, 2013

Paul Wallin
Whether you will lose your license as a result of being charged with a felony DUI in Riverside depends on a number of things. When arrested for DUI you have 10 days to request a DMV hearing. If you did not do so or if you lose that hearing your license will be suspended by […]

Can I Be Charged With A DUI For Being Under The Influence Of Prescription Medication? (California Vehicle Code 23152(a))

January 29, 2013

Paul Wallin
Prosecutors often charge a person with driving under the influence of drugs pursuant to California Vehicle Code Section 23152(a). If you are accused of this crime it is critical you immediately retain an experienced DUI defense firm to represent you. This is because prosecutors often have a difficult time convicting a person of driving under […]

Will My DUI Case Be Dismissed If I Was Not Read My Miranda Rights? (California Vehicle Code 23152)

January 25, 2013

Paul Wallin
In general, DUI and traffic stops based on reasonable suspicion do not require the reading of Miranda warnings because the suspect is not considered to be "in custody" for the purposes of Miranda. However, before law enforcement questions you during a custodial interrogation, he or she must read you your Miranda rights. If you are […]

Are My Field Sobriety Test Results Invalid If They Were Conducted On A Hill?

January 24, 2013

Paul Wallin
An officer must explain and conduct field sobriety tests with strict compliance as to the location of the field sobriety tests, the instructions given and the performance evaluation. For field sobriety tests to be valid and admissible there are certain requirements that an officer must follow. For example, if the area where the field sobriety […]

Can I Be Arrested Or Convicted Of DUI Even If No Officer Saw Me Driving? (CVC 23152(A)

January 18, 2013

Paul Wallin
Yes. Even without an officer's direct observation of driving, an arrest for DUI may be lawful depending on the surrounding facts and circumstances. If there is sufficient circumstantial evidence that you had been operating a motor vehicle, an arrest and conviction may be justified. An example of circumstantial evidence is eye-witness testimony as to your […]
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