A DUI / DWI charge in California will result in two separate cases even though it involves only one incident. A driver faces a California DMV case and a criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified DUI / DWI lawyer can handle both aspects of the case.

In the criminal case the judge will have the discretion to punish the offender in ways that can help society and the offender who was guilty of driving while driving under the influence. An attorney experienced in defending drunk driving cases can often achieve results for clients that allow the client to improve his or her life following what can be a traumatizing event.

Common punishments for driving under the influence of alcohol in California are jail time, fines, and license suspensions. In some cases however, the courts and the legislature have come up with other ways to punish people convicted of DUI / DWI. These methods are known as alternative sentencing. They include community service, ignition interlock devices, electronic monitoring, and sober living environments.

A sober living environment is generally a place for someone who is coping with a drug or alcohol problem. If a person is a multiple offender and has not been able to benefit from other treatment, a sober living environment may be the right place. A person who stays at a sober living environment may be able to be credited for jail time. One day in sober living will be credited towards one day of a jail sentence. A California DUI / DWI attorney will fight to make arrangements for sober living if the situation warrants it.

Inside the sober living environment, people must participate in structured daily activities and chores. The people living in a particular sober environment are responsible for the place they live in and must abide by the rules. Alcohol addiction education and treatment will also be available in sober living environments. Sober living environments can help individuals with substance abuse address their problems among people struggling with the same issues. For many individuals, stays in sober living homes help to eventually solve a long-term problem with alcohol or drugs.

If a person is staying in a sober living environment, not only will days spent there be credited towards jail time, but the cost of living there will also be credited towards fines that the court may have imposed on the driver. The court has the discretion to make such arrangements. Typically a California criminal defense attorney will provide the judge with good reasons to allow the fines to be credited for money spent on sober living.

For some individuals, sober living environments a better and healthier alternative than jail or even house arrest. An experienced California DUI / DWI defense attorney can provide more information about the viability of sober living environments for their clients.

A California driving under the influence of marijuana trial consists of six phases: jury selection, opening statements, witness testimony and cross-examination, closing arguments, jury instruction and jury deliberations. An individual accused of this offense should immediately contact an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) cases who will exude competence and skill during the trial (as well as during all other proceedings) at all times.

Jury selection is, perhaps, the most important phase of a DUI trial, as this is where the attorneys make their first impressions on the jurors. The judge (and usually the prosecutor and defense attorney) have the opportunity to question the jurors about their attitudes, beliefs and biases as they relate to driving under the influence and marijuana use in general. After hearing the responses, both attorneys have the right to ask the judge to excuse jurors “for cause,” which means that the juror cannot fairly judge that trial or on a “peremptory” basis, which means that the attorney can ask the judge to excuse the juror for any non-discriminatory reason.

Opening statements are the attorneys’ first opportunity to tell the chosen jury what they expect the evidence to show. This is where the jurors are basically given a “preview” of what is to come. No witnesses, evidence or arguments are permitted during this phase. The prosecutor (who bears the “burden of proof” which, in a criminal trail, is “beyond a reasonable doubt”) gives his or her statement first and then the defense lawyer may either give his or her opening statement, reserve it until the prosecutor has concluded his or her case or may waive it altogether.

Witness testimony and cross-examination comprises the bulk of the trial. Also known as the “case-in-chief,” it is the part of the trial where each side presents their witnesses and evidence, has a chance to cross-examine the other party’s witnesses and has a chance to rebut the other’s evidence. This is where the arresting officer testifies about the defendant’s driving pattern, his or her physical appearance, the field sobriety tests and any chemical test results. Again, because the prosecutor bears the burden, he or she goes first. It should be noted that the defense has no burden in a criminal trial, which means that the defendant does not have to put on a case and may simply choose to rebut evidence that the prosecution presents.

Closing arguments is when the attorneys “argue” their version of the events. The prosecution attempts to show why he or she has met the burden of proving the defendant guilty, and the defense lawyer argues that the prosecutor didn’t meet that burden. He or she then argues all of the defenses that were applicable to the case. This is both attorneys last chance to speak to the jurors before they return their verdict. The prosecutor goes first, followed by the defense and is then given a final opportunity to rebut the defense’s argument.

Jury instruction consists of the judge telling the jurors what laws they must follow when judging the defendant. Before the jurors are instructed, both parties meet with the judge to decide which instructions will apply. Once the instructions are read, the case “goes to the jury”.

Jury deliberations take place when the jury meets, in private, to discuss the evidence and defenses that were presented. This is their first opportunity to discuss the case, as they have been forbidden from doing so up until this point. California D.U.I.D. trials require that the accused must be unanimously found guilty in order to be convicted. If even one juror disagrees with that verdict, the judge declares a “mistrial” and may either order the case to be re-tried (typically unlikely in a misdemeanor DUI) or may dismiss it entirely.

The outstanding California DUID attorneys at The Kavinoky Law Firm know the most effective ways to prevail during trial. To learn more, contact them today for a free consultation.

Alcohol Education Programs in Inyo County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Inyo County, California:

Inyo County Substance Abuse Services
(Service Provided: First Offender, 18 Month)
162 Grove Street,
Bishop, California 93514
Phone: 760-873-6533; Fax: 760-873-3277

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Placer County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Placer County, California:

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: Service Provided: First Offender, 18 Month)
1A Sierragate Plaza,
Suite 110,
Roseville, California 95678
Phone: 916-782-3737; Fax: 916-782-3739

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
11960 Heritage Oak Place,
Suite 9,
Auburn, California 95603
Phone: 530-885-1961; Fax: 530-885-0713

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
8491 Northlake Boulevard,
Kings Beach, California 96143
Phone: 530-546-5641; Fax: 530-546-5480

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
1530 3rd Street,
Suite 202,
Lincoln, California 95648
Phone: 916-434-8927

Pacific Educational Services
(Service Provided: First Offender)
11795 Education Street,
Suite 220,
Auburn, California 95602
Phone: 530-888-1010; Fax: 530-888-9065

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Siskiyou County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Siskiyou County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
1263 South Main Street,
Yreka, California 96097
Phone: 530-222-8302; Fax: 530-222-5872

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

In California, an arrest for a DUI triggers two cases. One case is in the criminal courts. The other is a Department of Motor Vehicles (DMV) case. A California DUI lawyer can handle both cases. Due to a recent change in California law, courts can no longer suspend a driver’s license. Only the DMV can suspend a driver’s license. The DMV will suspend a driver’s license upon a finding of Guilty at the DMV hearing or in the criminal case.

A DMV hearing must be requested within ten days of a drunk driving arrest in California. If a hearing is not requested in a timely manner, one may not be granted. Ten days means ten calendar days. Weekends and holidays count as part of the ten days. Failure to request a hearing will result in an automatic thirty-day suspension of driving privileges. Drivers from out-of-state should request a hearing too. Under the Interstate Driver’s License Compact an out-of-state driver may have his or her driving privileges suspended as well.

An Administrative Per Se Hearing (APS) or DMV hearing follows an arrest for driving under the influence. Generally, the two major issues at an APS hearing are whether the driver submitted to a chemical test or whether the driver refused a chemical test. If the test was submitted to, the hearing will be about the legitimacy of the tests. If there is alleged refusal, the hearing will concern whether the driver was properly warned of the consequences of refusal, among other considerations.

Where the chemical test was done, three issues arise. The first is whether the officers had reasonable cause that the driver was under the influence. Second is whether the arrest was lawful, and the third issue is whether the driver’s blood alcohol content (BAC) levels were above the legal limit at the time of driving.

Where there was no chemical test and the issue is refusal, it must be found out whether the driver was properly warned of the consequences of refusal. It must then be determined whether the driver refused the test after having been warned of the consequences. Refusal to submit to the chemical tests pursuant to the Implied Consent Law will result in longer license suspensions than are handed down to those who do consent to the tests. For example, a typical suspension for a first-time DUI can be four months, while those who refuse to test will get a one-year suspension with no leniency to allow for driving to work.

The Department of Motor Vehicles hearing differs from criminal court action in that the judge and the prosecutor are the same person. Furthermore, the DMV hearing is a process that is civil and not criminal in nature, and therefore fewer constitutional protections are available. Generally,a skilled and experienced California DUI Lawyer will review the circumstances of the arrest through the police reports and the chemical tests in order to launch an attack on the evidence at the DMV hearing as being hearsay, and therefore inadmissible. If the assault on the evidence is successful, a suspension of driving privileges will not occur.

Superior Court Of California, County of Kern

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Kern County Superior Court
1415 Truxtun Avenue, Bakersfield, CA 93301

Kern River Branch
7046 Lake Isabella Blvd., Lake Isabella, CA 93240

Mojave Branch
1773 Highway 58, Mojave, CA 93501

Ridgecrest Branch
132 East Coso Street, Ridgecrest, CA 93555

Delano/McFarland Branch
1122 Jefferson Street, Delano, CA 93215

Shafter/Wasco Branch
325 Central Valley Highway, Shafter, CA 93263

Arvin/Lamont Branch
12022 Main Street, Lamont, CA 93241

Taft/Maricopa Branch
311 Lincoln Street, Taft, CA 93268

» Kern County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of San Mateo

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Northern Branch
1050 Mission Road, South San Francisco CA 94080

Central Branch
800 North Humboldt Street, San Mateo, CA 94401

Southern Branch
400 County Center (formerly 401 Marshall Street), Redwood City, CA 94063

Juvenile Branch
21 Tower Road, San Mateo, CA 94402

» San Mateo County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Court Punishment: Jail

A DUI / DWI lawyer will often work to get the charges and the punishment against a client reduced as much as possible. If the charge is felony drunk driving an attorney will commonly ask for a reduced charge of misdemeanor DUI / DWI. When the charge is misdemeanor driving under the influence, a lawyer will attempt to negotiate for lesser charges such a wet-reckless or a dry-reckless. In many cases, the nature of the charge will reflect directly upon the sentence. Whenever there is a jail sentence, the time of the sentence may be lessened if the charges can be reduced.

A person who is convicted of driving under the influence of alcohol or drugs or driving while intoxicated may quite possibly face a jail sentence. The jail sentence will depend on various factors including the abilities and tenacity of the DUI / DWI lawyer. Prior convictions are often major considerations in determining the length of a prison sentence.

The harshest penalties are reserved for felony DUIs. Felony drunk driving cases include four time offenders and drinking and driving involving injuries to others. On a first offense involving an injury, the jail sentence will be five days to one year in jail if the driver accepts probation. If the driver chooses to decline probation, he or she will face between 90 days and one year in jail. A second driving under the influence offense within the 10 year “lookback” period will result in either a 30 day in jail term or 120 days to one year in jail. If the driver declines probation the 30 day sentence will not be available.

A first time offender won’t likely serve jail time for a simple misdemeanor. The typical first offense will carry no minimum jail sentence. Although there is no minimum, the judge may sentence the driver to 48 hours to six months in jail. An experienced California DUI / DWI attorney can generally help a first time drunk driving offender avoid jail time if there are no special or extraordinary circumstances. This rule applies when a driver agrees to go on probation. If a driver seeks to avoid probation they will face a sentence of 96 hours to six months in jail.

Second time drunk drivers within the 10 year “lookback” period who are willing to accept the conditions of probation can face a 96 hour sentence, a 10 day sentence, or up to year in jail. When the second time offender rejects probation he or she will face 90 days to one year in jail. When a third time offender accepts probation they will face 120 days to one year in jail. When the third time offender rejects the offer of probation they too will face a sentence between 120 days and one year in jail.

At the end of the day, the quality of one’s criminal defense attorney can greatly affect a prison sentence. Judges have discretion to sentence a person to the minimum or maximum sentence, or something in between. Oftentimes it is the lawyer that convinces the judge to be lenient in sentencing.

DMV Penalties

These penalties relate to persons over 21 years of age, who were not operating a commercial vehicle. For additional information, please complete a CASE EVALUATION FORM.

First Offense: Where a chemical test was performed, and the results show a BAC of .08 or more, the DMV will suspend the driver’s license for four months.

Where a chemical test is refused, the DMV will suspend for one year. In a first time DUI case where a chemical test is taken, a restricted license may be obtained. Please consult a Southern California DUI Lawyer for details on obtaining a restricted license.

Second Offense (within 10 years of prior offense): Where the chemical test is performed, and results are .08 or greater, DMV will suspend for one year. Where chemical test is refused, two-year revocation.

Third Offense (within 10 years of prior offenses): With chemical test resulting in .08 or greater, two-year revocation; with refusal, three-year revocation.

Fourth Offense (within 10 years of prior offenses): The punishment is the same, whether a chemical test is taken or not. In either case, there is a four-year revocation of driving privileges.

Take note: these license suspensions/revocations are separate and apart from any action taken by the court; these are only the California DMV’s punishment. Curiously, the courts have no problem imposing double punishment in the field of DUI law; that is, both the court and the DMV are taking the person’s driver’s license in separate processes related to the same event.

In any other area of the law, this would be considered double jeopardy. With DUI’s the court considers the court’s suspension to be punishment, but the DMV’s suspension to merely be an administrative sanction. Tell that to the person who just suffered an “administrative sanction.” As far as they are concerned, it is a punishment. There is a section provided that has more information on court-imposed punishment.

Also, be aware that any suspension or revocation imposed by the court does not usually start to run until after the DMV suspension is over with. That means that these suspensions run consecutively, not concurrently.

If you have any questions about the DMV suspensions, or any other aspect of DUI defense, please contact a Southern California DUI Lawyer that is experienced in defending DUI cases.