Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Out-of-State Drivers

Being arrested for DUI in California can be especially stressful if the driver is from out of state. Accused drunk drivers from states outside California often worry how they will manage court appearances and other aspects of a CA driving under the influence case. However, a skilled defense attorney can handle many aspects of a California drinking and driving arrest and put the accused motorist’s mind at ease. The knowledgeable DUI defense lawyers of The Kavinoky Law Firm are experienced in handling drunk driving cases for motorists licensed outside of California.

The most critical issue for any driver arrested for DUI in California is to request a DMV hearing immediately. Many drivers are unaware that they have only 10 days after a drunk driving arrest to request a hearing with the California Department of Motor Vehicles or have their driving privileges suspended. Although the California DMV can’t seize a driver’s license issued in another state – it is the property of the state that issued it – it can and will suspend the driver’s privileges within California, and may notify the licensing state of the arrest through the Interstate Driver’s License Compact.

The Interstate Driver’s License Compact is an agreement among 45 states to share information about driving-related offenses. Each state that is party to the compact may suspend, restrict, or revoke the state license belonging to the driver. The five states that do not belong to the compact are Georgia, Michigan, Tennessee, Massachusetts, and Wisconsin.

How the driver’s home state reacts to notification of a California DUI arrest will depend on the state. California and other states have administrative systems to address driving under the influence cases through a DMV hearing or similar procedures. Other states may take action only if notified of a drunk driving conviction in criminal court. A few states won’t take any action at all.

For drivers who live in other states, defending a California DUI arrest can be a challenge. However, drivers facing misdemeanor charges likely won’t need to be present for many court appearances – a skilled defense lawyer can represent the driver in court.

In some California DUI cases, out-of-state drivers may want to consider a carefully negotiated plea bargain if available. When a plea agreement provides some consideration for the defendant in the form of a reduced charge and/or sentence, it can be the best possible option for an out-of-state driver, because it brings the drunk driving case to an end and eliminates the need for any future court appearances.

Many out-of-state drivers fear that a California driving under the influence arrest will create a terrible impact on their lives, but it’s possible to reduce or even eliminate the consequences of a DUI arrest. The knowledgeable drunk driving defense lawyers of The Kavinoky Law Firm fight hard to protect the rights of out-of-state drivers charged with drinking and driving offenses. Contact them today for a free consultation.

Alternative Sentencing Options for a DUID Charge

Alternative sentencing options for a DUID conviction

Driving under the influence of marijuana in California is a serious offense that carries severe penalties. Hiring an experienced California DUI criminal attorney who knows what types of alternative sentencing options are available is the key to avoiding a county jail or state prison sentence.

Private jail or “city jail” allows an individual who has been convicted of driving under the influence of drugs (DUID) to serve their jail sentence in a non-threatening environment. Although they do charge a fee, their accommodations are much nicer than county jail, they offer rooms instead of cells and those who stay there are permitted to bring books or laptop computers. The down side is that an individual who opts for private jail will most likely be required to serve his or her entire sentence without receiving the benefit of early release credits.

Community service or labor is often available to an individual convicted of this charge. Cal-Trans (picking up trash on the side of the freeway) or graffiti removal are typically offered, although community service may be alternatively assigned if the defendant has a medical issue that prevents this type of labor. “Good time” credits are not usually offered under this option either.

Work Release and work furlough programs are offered in some counties, which allow an individual to perform some type of labor (which is assigned based on physical abilities) and then return to either their homes or a dorm-like setting at night.

Drug treatment is an option for those who suffer from a drug problem as opposed to an occasional user who was caught driving. Living in an authorized drug rehabilitation center may allow an individual to serve his or her jail sentence while in rehab, receiving credits toward any imposed fine for any time that the individual resides in the facility over his or her required sentence. Such a program may even be covered by one’s health insurance. Residing in a sober living environment will also allow an individual to receive credit towards a jail sentence and/or fine. The main difference (and benefit) of sober living versus rehab is that many residents of sober living environments are permitted to work and otherwise leave the residence during the day.

Electronic monitoring (also known as “house arrest”) takes place when an individual is fitted with an ankle-bracelet that electronically keeps track of his or her whereabouts. Although one allowed this opportunity is typically expected to remain in his or her home for the duration of the sentence, an individual may be permitted to work, do laundry, shop for groceries, do other personal errands and attend court and other court-ordered programs, if pre-approved by the probation department.

It should be noted that not all of the sentencing alternatives listed above will be available in every case or in every county. These options vary between counties, between courthouses and even between judges, which is why it is vital that the accused contacts a criminal defense lawyer who is familiar with the local practices and who can answer questions about each type of alternative. The exceptional D.U.I.D. attorneys at The Kavinoky Law Firm have law offices throughout California, including several in and around the Los Angeles area, making them conveniently located for anyone who has been charged with driving under the influence of marijuana. Because of their state-wide presence, they know the local customs and practices, which gives their clients a tremendous advantage over out-of-area attorneys. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Alcohol Education Programs in Colusa County, California

Alcohol Education Programs in Colusa 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 Colusa County, California:

Colusa County DDP
(Service Provided: First Offender, 18 Month)
162 E. Carson Street,
Suite B,
Colusa, California 95932
Phone: 530-458-0516; Fax: 530-458-8028

» 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 Mendocino County, California

Alcohol Education Programs in Mendocino 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 Mendocino County, California:

Lucky Deuce DUI/DDP
(Service Provided: First Offender, 18 Month)
145 S. Humboldt Street,
Willits, California 95490
Phone: 707-459-9431

Ford Street Project First Offense DDP
(Service Provided: First Offender)
139 Ford Street,
Ukiah, California 95482
Phone: 707-462-1934; Fax: 707-468-9860

» 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 San Mateo County, California

Alcohol Education Programs in San Mateo 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 San Mateo County, California:

Pyramid Alternatives, Inc.
(Service Provided: First Offender, 18 Month)
480 Manor Plaza,
Pacifica, California 94044
Phone: 650-355-8787; Fax: 650-355-8780

YFA Archway
(Service Provided: First Offender)
609 Price Avenue,
Suite 201,
Redwood City, California 94063
Phone: 650-366-8433; Fax: 650-366-8455

Sitike Counseling Center
(Service Provided: First Offender)
306 Spruce Avenue,
South San Francisco, California 94080
Phone: 650-589-9305; Fax: 650-589-9330

Free at Last
(Service Provided: First Offender)
1796 Bay Road,
E. Palo Alto, California 94303
Phone: 650-462-6999; Fax: 650-462-1055

Occupational Health Services, Inc.
(Service Provided: First Offender)
533 Middlefield Road,
Redwood City, California 94063
Phone: 650-572-0300; Fax: 650-572-0274

» 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.

California Criminal Law – How BUI / BWI Cases are Investigated

It is important for recreational boaters to understand that operating a vessel under the influence of alcohol or drugs is a serious crime. When a person is being investigated for boating under the influence, the investigators will use many of the same tests used in DUI / DWI investigations. These tests include chemical tests and field sobriety tests. Given that boating under the influence of alcohol is crime, a person accused of doing so should contact a California criminal defense attorney who has experience defending people accused of boating under the influence.

In California, the responsibility for enforcing the boating laws falls upon approximately 150 state and local agencies. Any officer of these agencies is authorized to investigate boaters who may be under the influence of alcohol or drugs. When an officer of one of those agencies has a reasonable belief that a boater is under the influence, the officer can require the person operating the boat to submit to a chemical test. The chemical test can be either a test of the boat operator’s blood, breath, or urine.

California drivers are subject to California’s implied consent law. The implied consent law requires a driver who has been arrested for drunk driving to submit to a chemical test. Refusal to submit to a chemical test will result in additional penalties. The prosecutor in the case may also present the refusal as evidence of consciousness of guilt. All of these rules apply to boating under the influence. Due to the similarities, a DUI / DWI attorney with the right experience is capable of defending BUI / BWI charges too.

Regarding the chemical tests, although an accused boater has a choice of a blood, breath or urine test, when the driver is suspected of being under the influence of drugs, the investigator will insist on a blood or urine test. That is because the breath test does not help in determining whether a person is under the influence of drugs.

An officer investigating a boating under the influence case may require the operator to perform a field sobriety test, such as the walk and turn test or the ABC test. Just as in a case for driving a car while intoxicated, the arresting police officer will be observing the boater’s behavior before, during, and after arrest and will make a written record of any such observations. This information will be used later to justify the arrest and to provide evidence for a court case.

Many BUI / BWI investigations are prompted by a person falling overboard, a collision, or another type of accident. In the event of an accident or a person falling overboard, especially one causing injury or death, investigators will interview witnesses and passengers in the boat and will take photographs, measurements, and other physical evidence.

The potential punishments for boating under the influence can be very harsh. It is critical to seek the help of a qualified criminal defense attorney. A California attorney experienced in defending BUI / BWI cases can advance an aggressive defense to the charges, and may keep any negative consequences to a minimum.

Superior Court Of California, County of El Dorado

Superior Court Of California, County of El Dorado

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.

El Dorado County Superior Court
Main Street Courthouse
Family Law/Adoptions/Criminal/Juvenile
495 Main Street, Placerville, CA 95667

West Slope
Criminal
2850 Fairlane Court, Building C, Placerville, CA 95667

West Slope
Traffic/Small Claims/Unlawful Detainer
2850 Fairlane Court, Building C, Placerville, CA 95667

Cameron Park Branch
Civil/Probate
3321 Cameron Park Drive, Cameron Park, CA 95682

South Lake Tahoe
Civil/Criminal/Traffic/Small Claims/Probate/Family Law
1354 Johnson Blvd. #2, South Lake Tahoe, CA 96150

» El Dorado 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 Napa

Superior Court Of California, County of Napa

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.

Napa County Superior Court
1111 Third Street, Napa, CA 94559-3001

» Napa 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 Trinity

Superior Court Of California, County of Trinity

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.

Trinity County Superior Court
101 Court Street, Weaverville, CA 96093

» Trinity 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

The Lookback Period

The Lookback Period for Priorability

In California, there is a 10-year “lookback” period for prior drunk driving convictions. Anyone with a DUI / DWI conviction who is arrested for drinking and driving within 10 years faces increased punishment on the new count. If more than 10 years pass between arrests, the later arrest is treated as a first-time DUI.

Prior convictions affect many issues in a criminal case, from bail to sentencing. Multiple-offense DUI drivers face greater license suspensions, fines, alcohol education classes, etc. A California attorney experienced at defending drunk driving cases can help drivers with multiple DUI arrests craft a defense and mitigate the consequences.

DUI / DWI offenses which will count as prior convictions include driving under the influence (California Vehicle Code Section 23152(a)), driving with a blood alcohol content (BAC) of .08 percent or greater (23152(b)), DUI with injury (23153 (a) and (b)), reckless driving involving alcohol, also known as “wet-reckless” (23103.5). The 10-year period is calculated from arrest date to arrest date.

Although the conviction itself must take place before the conviction for the current offense, there is no requirement that either the offense or the conviction be before the offense for which the defendant is being tried. The California Legislature has declared that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses.

For example, a defendant may be in the midst of a second-time DUI case, which can sometimes take several months to conclude. If during that time the defendant is arrested for a third DUI offense, then the court in the third case can sentence the defendant as a third-time drunk driver, even though the defendant has not been convicted as a second-time DUI driver. The only hard and fast rule is that the offenses occur within a 10-year span.

The California Legislature has enacted increasingly harsh penalties for drivers with multiple drunk driving offenses within a 10-year period. The surest way to fight back is to consult with a DUI / DWI lawyer experienced in defending multiple drinking and driving cases.