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

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Can I be charged with a DUI if I’m never arrested and I was allowed to drive home?

December 19, 2011

Paul Wallin

Yes, you can still be charged with a DUI. A person does not have to be arrested to be charged with a crime. So long as there are facts sufficient to indicate that a crime has been committed, a prosecuting office can issue formal charges. In a DUI case, the police officer could have obtained […]

Is it possible to be charged with a DUI for smoking marijuana?

November 21, 2011

Paul Wallin

Yes, you can get a DUI for smoking marijuana. Driving under the influence of a controlled substance is typically punishable as a misdemeanor. It is usually difficult for the prosecution to prove that you were under the influence of a controlled substance, since a breathalyzer test will not detect if you are under the influence […]

Can I be successfully prosecuted for a DUI (CVC23152a) if when the cops arrived on the scene I was out of my car and the engine was not running?

November 11, 2011

Paul Wallin

The answer is it is possible that you could be found guilty of a DUI under these circumstances depending upon many other factors. If for example, the police have the following evidence: l. They find your car on the side of the road 30 miles from the nearest town. 2. You are the only person […]

I was arrested for a DUI and I live in another state and I do not have the time to come back and forth for the court hearings. What can I do?

November 3, 2011

Paul Wallin

If you retain a DUI law firm to represent you then they can appear at your arraignment and you will not have to appear. They can likely appear at all of the court hearings for you and resolve your case without your need to ever appear. However, there is always a small chance your case […]

What happens if I refuse to take a breath or blood test when requested to do so by a police officer?

November 2, 2011

Paul Wallin

The officer may ask you to take a breath test at the scene of your arrest. This is called a preliminary screening device or “PAS” test and you are NOT REQUIRED to submit to such a test. There is no penalty for refusing to do so. The officer may ask you to do some “field […]

I blew a .00 on a breathalyzer, however, I think they will find cocaine in my blood test. Will I lose my driver's license?

October 24, 2011

Paul Wallin

The good news is that the DMV will not take action to suspend your drivers license. This is because the DMV only takes action to suspend your license if you take a blood or breath test and the result is .08 or higher. The bad news is that if the blood test comes back showing […]

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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

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(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

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