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DUI FAQ Archives- Page 3 of 6 - Wallin & Klarich

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What level of "impairment" is required for a Drug-based Drunk Driving conviction in Orange County?

September 12, 2012

Paul Wallin

In the context of DUI Drugs under California Vehicle Code 23152(a), the prosecution must prove "impairment" based upon drugs. It is very difficult for the prosecution to meet its burden of proving impairment beyond a reasonable doubt. This is especially true when the charges are based solely upon alleged drug use, with no evidence that […]

I have a high-profile position for my employment. A DUI conviction will have terrible consequences for me. Will the prosecutor be willing to dismiss my charge of driving-under-the-influence based on my high-profile position?

September 7, 2012

Paul Wallin

No. In California, the prosecution office for a county will not take into account a person’s status or position when deciding to charge a person with driving under the influence. In fact, high-profile cases are often more rigorously prosecuted because of the attention they receive.

I was Arrested For A DUI In Riverside, But The Cops Never Even Saw Me Driving. Can I Get The Case Dismissed?

September 5, 2012

Paul Wallin

The best answer to this question is that it depends. To be convicted of a DUI in Riverside – or in California – the prosecutor does not have to prove that the officer actually saw you driving. The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving. […]

What are the penalties for refusing to submit to a chemical test when arrested for DUI in California?

August 31, 2012

Paul Wallin

Anyone who drives on the roads in California has given his or her implied consent for law enforcement to test his or her blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license […]

What Are The Penalties For Refusing To Submit To A Chemical Test When Arrested For DUI In California?

August 30, 2012

Paul Wallin

Penalties for a DUI Anyone who drives on the roads in California has given their implied consent for law enforcement to test their blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license […]

I was Arrested for DUI but the Cops never even saw me driving. Can I get the case dismissed?

August 30, 2012

Paul Wallin

The best answer to this question is that it depends. To be convicted of a DUI in California the prosecutor does not have to prove that the officer actually saw you driving. The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving. The prosecution can also rely […]

Many people ask us at our Orange County DUI law firm if they can get their DUI case in Orange County dismissed?

August 28, 2012

Paul Wallin

You may be able to have your DUI in Orange County dismissed if the police made certain errors during the time period where they detained you. Your DUI in Orange County may be dismissed if the police officers did not have legal cause in which to stop you vehicle. This will require your Orange County […]

I was ordered to do a DUI class last year when I plead guilty to a DUI, and I haven’t had the money to enroll in the class. What is going to happen to me?

July 26, 2012

Paul Wallin

Violation of Probation You are in violation of your probation and that means you are facing jail time. The court gave you a certain amount of time to enroll in the alcohol school. The court likely set a date for you to show proof you had enrolled. The court may have issued a bench warrant […]

I was struck by behind by another driver when I was stopped at a red light. The other driver was completely at fault for the accident. The police officer ended up arresting me for a DUI? Is that legal when I was not responsible for the accident at all?

July 13, 2012

Paul Wallin

Field Sobriety Test YES, it is legal for the police officer to arrest you for a DUI even if you were not at fault in the auto collision. In some cases a person is driving while under the influence of alcohol and the officer only makes contact with him for a totally unrelated reason as […]

If I am convicted of my 3rd DUI is there mandatory jail time required?

July 10, 2012

Paul Wallin

3rd DUI With Two Prior Convictions If you are convicted of a 3rd DUI and you have two prior DUI convictions within ten years of the new conviction you are facing mandatory jail time of a minimum of 120 days. However, if you are currently on probation for either of the two prior DUI convictions […]

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irvine

18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
(888) 749-0034

San Bernardino

225 W Hospitality Ln Suite 319, San Bernardino, CA 92408

(909) 383-1867
(888) 749-0034

Riverside

7177 Brockton Avenue Suite 339 Riverside, CA 92506

(951) 684-3340
(888) 749-0034

Victorville

15437 Anacapa Rd Unit 12, Victorville, CA 92392

(760) 245-3045
(888) 749-0034

Torrance

21151 S Western Ave #233, Torrance, CA 90501

(310) 527-5500
(888) 749-0034

Anaheim

1161 Raymond Ave, Anaheim, CA 92801

(714) 710-7917
(888) 749-0034

tustin

17592 Irvine Blvd, Tustin, CA 92780

(714) 730-5300
(888) 749-0034

san diego

444 W C St, #410, San Diego, CA 92101

barstow

400 S. 2nd Ave, Suite 206, Barstow, CA 92311

west covina

1619 West Garvey Ave N, #107, West Covina, CA 91790

long beach

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