Can I Be Charged With A DUI For Being Under The Influence Of Prescription Medication? (California Vehicle Code 23152(a))
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 the influence of prescription medication or illegal drugs since there is no precise “level” that is agreed upon when someone has consumed drugs or medication to make them “legally impaired”.
Since there are no “per se” levels in DUI-Drugs cases, the prosecution must prove “impairment.” A knowledgeable criminal defense attorney from Wallin & Klarich understands that the mere presence of prescription drugs in one’s blood is of little value to the prosecution because it does not necessarily prove impairment.
Will My DUI Case Be Dismissed If I Was Not Read My Miranda Rights? (California Vehicle Code 23152)
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 not given Miranda warning, it is likely any statements made to the police will be deemed inadmissible.
This does not mean that your criminal case will automatically be dismissed. Miranda as applied to DUI cases is complex, thus the importance to speak with an experience DUI lawyer to review the facts and circumstances of your case. Call the experienced DUI lawyers of Wallin & Klarich at 888-749-0034
Are My Field Sobriety Test Results Invalid If They Were Conducted On A Hill?
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 tests were administered was not on a level surface, the results may not accurately measure a suspect's performance. An experienced DUI lawyer understands how to effectively challenge the circumstances surrounding an officer's DUI investigation.
Can I Be Arrested Or Convicted Of DUI Even If No Officer Saw Me Driving? (CVC 23152(A)
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 driving.
Further examples of circumstantial evidence include:
(1) Location of the vehicle;
(2) Position of the driver's seat;
(3) Whether the vehicle was running.
Also, whether a DUI suspect made any admission to driving is critical to a DUI arrest and/or prosecution. If no officer witnessed you driving, you must immediately consult with an experienced DUI defense attorney to discuss your case in detail
There are many factors that determine the outcome of a DUI case. Having a highly skilled Orange County DUI Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUIs in Orange County win their cases for over 40 years. You can call us at 888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.
What are the consequences of violation of probation for a DUI in California?
When convicted of a misdemeanor DUI in California (California Vehicle Code 23152), you will most likely be placed on "informal probation." for a specified period of time. It is essential to comply with each and every term of probation. Misdemeanor probation terms may are usually included on your "probation order" or "minute order" which is given by the court at the time of the conviction. Terms of probation may include:
(1) payment of fines and fees to the court and/or arresting agency;
(2) proof of enrollment and completion of a court-approved alcohol program;
(3) violate no law;
(4) do not drive a motor vehicle with any measurable amount of alcohol, etc.
In addition, failure to appear at a DUI court date may trigger a probation violation. Violation of probation for a DUI (California Vehicle Code 23152) may result in the court issuing an arrest warrant for you. Meaning, law enforcement is notified of the warrant status and may pick you up and take you to jail at any time. If you believe you may be in violation of your probation, immediately contact an experienced DUI attorney.
I got a DUI in Los Angeles. How can a Los Angeles DUI lawyer at Wallin & Klarich prove that I was not legally stopped by the police officer. (CVC 23152)
The first and arguably the most critical element in every DUI case is whether an officer had probable cause to pull you over and ask you to perform field sobriety tests. Every Los Angeles Wallin & Klarich lawyer is highly trained in the law that applies to probable cause for detention and arrest.
If you took a blood test or breathe test after you were arrested and the result was above the legal limit that does not necessarily mean you will be convicted of a DUI. We have had many DUI cases dismissed or reduced when the blood alcohol result was two and even three times above the legal limit of .08. This is because we determined that the police officer lacked “probable cause” to stop our client or to arrest our client.
In these cases we file motions to suppress the evidence. If the court agrees with our motion then the court will “suppress the evidence” and that means that the result of the blood or breathe test cannot be used by the prosecution. Without the test result the case often has to be dismissed or the District Attorney will make us an “offer we cannot refuse”.
There are many factors that determine the outcome of a DUI and having a highly skilled Los Angeles DUI defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with a DUI in Los Angeles for over 40 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.