One is considered to be innocent until proven guilty in a criminal proceeding such as a drunk driving case. In criminal courts the burden of proof is on the prosecution. The standard of requiring a prosecutor to prove guilt beyond a reasonable doubt applies in driving under the influence cases and in all criminal cases in California. Often it is difficult for the state to achieve this very high standard when faced by an able DUI attorney who has what it takes to make it difficult for the prosecutor to prove each and every element of the charges beyond a reasonable doubt.

To the casual observer the elements that make up a drunk driving offense may seem straightforward, but there are several nuances that an experienced DUI attorney understands. This understanding allows the attorney to poke holes in any one of the elements. If your attorney can create reasonable doubt as to just one of the elements, then a jury will have to find that you are not guilty of the charges.

It is important to understand that you must be under the influence at the time of driving. It must also be understood that there are two separate charges that apply to DUI cases. Those are Vehicle Code 23152(a) Sections which says it is a misdemeanor to drive under the influence of alcohol and/or drugs, and Vehicle Code 23152(b) Sections which say it is a misdemeanor to drive with .08 percent or more of alcohol in your blood. While sometimes a person will be charged under (a) and not (b), a person charged with (b) will always be charged with (a) as well.

When a person is being charged under Vehicle Code Section 23512(b), the prosecutor must prove beyond a reasonable doubt that the blood alcohol level of the motorist was .08 percent or higher at the time the person was driving. If the police officer conducts a chemical test an hour after a person was pulled over, there is a chance that a good DUI attorney will be able to raise doubt as to whether the blood alcohol level was really .08 percent at the time of driving.

The standard of reasonable doubt in a driving while intoxicated case is the same high standard applied in a murder case. There is a responsibility upon a jury to take this standard seriously in order to protect the integrity of the criminal justice system as a whole. It is a defense attorney of quality who can convey this responsibility to the jury members in order to have them apply the high standard of proof to a drunk-driving case. The experienced attorneys at The Kavinoky Law Firm are well-known for their skill and integrity. Call for a free consultation.

Many drivers arrested for DUI / DWI in California take a roadside breath test to determine blood alcohol content (BAC) before being arrested. Although police and prosecutors believe PAS (Preliminary Alcohol Screening) test results are damning evidence in drunk driving cases, these results can often be successfully challenged in court. An experienced California criminal defense attorney who specializes in DUI / DUI cases has the skills needed to effectively challenge PAS tests in driving under the influence cases.

DUI / DWI criminal defense attorneys have been dealing with the problems that arise with roadside breath testing for years. In the early days of roadside breath testing, it was accepted that the technology was somewhat inferior, and that roadside PAS tests were not reliable enough to be admitted into evidence. Therefore, if police used an alcohol screening test during a drinking and driving investigation, the only thing that could be introduced in evidence at a DUI / DWI trial was that the PAS machine indicated the presence of alcohol – the numeric results were excluded.

Unfortunately, that is no longer true. Courts hearing DUI / DWI cases now allow the numeric results of the PAS tests to be considered by the jury if certain evidentiary foundations are established. Therefore, motorists are taking roadside breath tests after being advised that their participation is entirely voluntary, only to have the numeric results introduced at trial.

There are two types of roadside breath tests – PAS or PBT tests, which are merely screening tests given to support the officer’s decision to make an arrest, and roadside evidential tests. There are critical distinctions between the two.

The PAS, or preliminary alcohol screening, is a voluntary test. It is not an “implied consent” test, which means that the driver is under no obligation to take a PAS test. In fact, in many states, the officer must advise the driver that the test is not required, but if an arrest is made, the driver will then be required to submit to a test of his or her blood or breath to determine alcohol content.

Unfortunately, many police officers ignore this responsibility during drunk driving roadside investigations. Many times, the driver is told that he or she must submit to a test as a collection tube is thrust into the mouth of the awestruck motorist. A DUI / DWI arrest invariably follows. It likely would have followed anyway, except now the unwitting motorist has provided additional evidence for the government to use against him or her.

The recent addition of the evidential PAS test, also known as the “E-PAS” or AlcoSensor IV XL, has made roadside DUI / DWI investigations even more complicated. These versions of the roadside breath test are the evidential test that is required under the Implied Consent Law. The exact same machine is used to administer this mandatory test as is used for what was, moments earlier before the driver was arrested, an optional test. The only difference is that they are able to print out the results instead of merely viewing the results on an LED readout.

Unfortunately, accused drivers are often unable to pinpoint the moment that they are placed under arrest for drinking and driving. One minute they are offered a roadside test, and told it is optional. A moment later, they are told that a roadside breath alcohol test on the same machine is mandatory. It isn’t hard to understand how a driver can become confused. This is why many DUI / DWI criminal defense lawyers advise people to refuse all roadside breath tests and insist upon a blood test if they are ever the target of a drunk driving investigation.

Once an arrest is made, California’s Implied Consent Law is triggered. A failure to give a blood or breath sample following a drunk driving arrest can result in administrative sanctions from the Department of Motor Vehicles (DMV) which begin with a one-year driver’s license suspension, with no opportunity for a restricted or provisional license during that year.

Roadside breath testing arose to address a significant issue in drunk driving prosecutions – because of the typical time-lapse between driving and testing, there was often an issue of whether the driver’s BAC could have been below the legal limit at the time of driving. The aim of roadside breath testing in drunk driving cases was to eliminate that issue by fixing the blood or breath alcohol level (BAC) at a time closer to the time of driving.

While this may have been a worthy goal, there are significant problems that overshadow any advances made. The challenges to both the PAS test – the pre-arrest roadside breath test – and the E-PAS – the post-arrest roadside breath test – are the same, because they are taken on the same machine. The distinction is that the E-PAS is hooked up to a printer, providing the DUI / DWI arrestee a copy of the printout of the faulty device.

The inherent flaws in breath testing work to the advantage of the accused drunk driver. DUI / DWI prosecutions are just like any other criminal case – in order for prosecutors to get a conviction, they must prove each element of their case beyond a reasonable doubt. If the prosecutor is unable to present a case that is 100 percent free of reasonable doubt, the driver cannot be convicted. This is the requirement in every criminal case, whether it is driving under the influence of alcohol, DUI drugs, vehicular manslaughter, robbery, murder, or any other offense.

In order for a breath test to prove a motorist’s guilt beyond a reasonable doubt, there are certain evidentiary foundations that must be observed. Thus, the most basic challenge to breath tests lies in the calibration, maintenance and accuracy of the testing machine. Both field breath testing units and stationhouse breath testing units are subject to problems, and it is vital to explore these issues in every drunk driving prosecution.

It’s also critical to determine whether the officer who gave the breath test was qualified to do so. There are rules and regulations regarding the administration of breath tests, and it is imperative that only those with the appropriate training perform these tests on motorists suspected of driving under the influence of alcohol.

One effective challenge to roadside breath tests relates to the technology of the machine itself. The roadside PAS devices are “fuel cell” machines. Alcohol is oxidized on an electromagnetic plate, and the amount of electrochemical energy generated is converted to a number that is supposedly equal to the blood-alcohol level of the motorist.

This technology creates the possibility that other compounds in the human breath are being misinterpreted as alcohol, and delivering inflated BAC results. Mouth alcohol is one factor that can skew the results of a breath test.

Mouth alcohol is one of the most significant problems with forensic breath testing. The danger of mouth alcohol contamination instigates many of the rules and regulations in breath testing, such as a 15- or 20-minute waiting period, observing the subject to ensure they do not regurgitate or introduce foreign material in the mouth, and the requirement of obtaining two similar results. These are all critical issues in DUI / DWI cases, and especially in cases involving the PAS machine.

PAS machines don’t have mouth alcohol detectors, also called slope detectors. A slope detector is a computer software program that is designed to detect a rapid drop-off – or slope – in the alcohol level of an individual’s breath sample. The machine is not smart enough to know whether it is analyzing alcohol molecules in the deep lung air – which is supposed to be measuring – or alcohol molecules that have been trapped in the mouth or regurgitated from the stomach. This is particularly problematic when the driver is given a breath test shortly after drinking, while alcohol is still in the stomach, or has been trapped in the mouth due to dental work, food traps, or other factors.

PAS tests also lack the ability to measure breath temperature. Every calculation the machine makes is based on the assumption that the subject’s breath temperature is 34 degrees centigrade. Unfortunately, just like the other assumptions that are made about the so-called “average” person, any variation from “average” can greatly impact the reading. Every degree of temperature elevation – which could be from illness or activities like dancing or sports – equals a 7 percent increase in alcohol percentage.

Many motorists targeted for drunk driving investigations are simply improper subjects for breath testing. DUI / DWI criminal defense lawyers are aware that those who have had recent dental work, or who suffer from GERD (gastroesophageal reflux disorder, the medical term for a type of persistent heartburn) are inappropriate subjects for breath testing. There are many other conditions that could cause an unnaturally high reading on a breath test.

Because of the inherent problems with breath testing, anyone arrested for DUI / DWI should contact an experienced California criminal defense attorney who is well-versed in these issues. The results of the roadside breath test are often the most damning evidence offered in a DUI / DWI case. It is essential that these results be challenged to achieve a successful result.

Many DUI / DWI defendants are sentenced to jail, but incarceration offers no benefit to drunk driving defendants who have problems with alcohol. Because substance abuse is such a widespread problem, the court system is undergoing a fundamental shift in the way it regards individuals with alcohol and drug problems.

Judges and prosecutors now realize that it is ineffective to merely lock away alcoholics without treating underlying addiction issues. Because of this changing approach, treatment in an established and state licensed drug and alcohol rehabilitation program has become an accepted alternative sentencing option. An experienced DUI / DWI defense lawyer from the Kavinoky Law Firm can advise whether treatment may be an option in a California drunk driving case.

The length of treatment varies, but the average time is 30 days. Most rehabilitation facilities are privately owned, and can be either co-ed or gender-specific. Because of a shortage of rehab beds, many facilities have a waiting list.

Treatment may include behavior modification and/or medication. Three commonly used behavioral treatments for alcohol abuse and alcoholism – motivation enhancement therapy, cognitive-behavioral therapy, and 12-step therapy – can significantly reduce drinking in the year following treatment. Medication such as naltrexone (ReVia™), an anti-craving medication, has been shown to be effective, especially when combined with behavior therapy.

Alcohol and drug rehabilitation can replace alcohol education programs that are part of many DUI defendants’ sentences. Rehabilitation is typically set as a condition of probation if the offender is willing and has been accepted into a program. Time spent in rehabilitation is credited toward the completion of a jail sentence in what is known as good time custody credits. Once the program is completed, certification is submitted to the court. If rehabilitation is not successfully completed, the offender violates probation, and likely will go to jail.

For individuals with multiple DUIs on their records or unresolved issues with alcohol, rehabilitation can be a valuable alternative to incarceration. A California attorney experienced in defending drunk driving cases can review each case to determine whether rehabilitation or another form of alternate sentencing is a viable option.

Criminalist testimony in a California driving under the influence of marijuana trial

A driving under the influence of marijuana case presents many challenges to both the prosecutor and criminal defense lawyer that a driving under the influence of alcohol case doesn’t. One of the reasons is because there is no chemical test that gives a “number” as to the level of impairment in a marijuana-related case like in an alcohol-related case. Another reason is that the effects of marijuana on driving aren’t as recognizable or as distinguishable as an alcohol-related DUI. Simply having the drug in one’s system (if evidenced by a blood or urine test) may encourage conservative jurors to incorrectly conclude that the accused must have been under its influence. These are just a few of the reasons why it is imperative that an individual accused of this offense hires an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) who will know the most effective ways to offer and rebut this type of challenging evidence.

Criminalist testimony regarding driving impairment is vital to the prosecution because there is no “per se” drug test that indicates when an individual is under the influence. As a result, officer observations and criminalist testimony provides the bulk of the state’s case. The criminalist is typically a member of the local police department and, as such, is a member of the “prosecution team”. A good defense attorney will generally address this issue, pointing out the inherent bias that the criminalist therefore has. The criminalist will typically testify that the driving pattern, physical signs and symptoms and behavioral observations reported by the officer are consistent with the known effects of marijuana and that, based on his or her review of the report (never having met or studied the accused), he or she believes that the driver was under the influence of marijuana.

Criminalist testimony, when presented on behalf of the defense, typically addresses the fact that correlating positive marijuana results with a degree of impairment is subjective and makes it difficult to predict with any amount of certainty whether someone was impaired based on a chemical test. The defense’s criminalist will further point out the fact that the effects of marijuana will vary between individuals, influenced by such factors as one’s history of drug use, tolerance, health, an individual’s sensitivity to the drug, metabolism and a variety of other conditions. He or she will explain to the jury that marijuana can be detected in one’s system via a blood or urine test for days and even weeks after use, long after the effects of impairment wear off. Depending on the circumstances, he or she may even call into question the experience, training or observations that the officer made as they relate to marijuana use.

Clearly, criminalist testimony is important to both sides. Even more important is having a criminal attorney who knows and understands the science behind how marijuana affects and remains in one’s body so that he or she can effectively convey the criminalist’s testimony to the judge and jury in an articulate and uncomplicated manner. The exceptional California DUI attorneys at The Kavinoky Law Firm specialize in driving under the influence of drug cases as well as non-driving cases that involve marijuana, which provides their clients accused of driving under the influence of marijuana with unparalleled legal representation. With law offices located throughout the state, including several in and around the Los Angeles area, they are easily accessible for anyone in need of an outstanding defense. They have a variety of criminalist expert witnesses that they rely on, depending on the facts of the case, which allows them to present the most effective defense for each individual client. To learn more, contact The Kavinoky Firm today for a free consultation.

Alcohol Education Programs in Contra Costa 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 Contra Costa County, California:

Criminal Justice Services – Central
(Service Provided: 18 Month)
2020 North Broadway,
Suite 101,
Walnut Creek, California 94596
Phone: 925-646-6470; Fax: 925-646-6480

Criminal Justice Services – East
(Service Provided: 18 Month)
2400 Sycamore Drive,
Suite 36,
Antioch, California 94509
Phone: 925-427-8630

Alcohol & Drug Abuse Council Of Contra Costa Co., Inc.
(Service Provided: First Offender)
171 Mayhew Way,
Suite 101,
Pleasant Hill, California 94523
Phone: 925-932-8100; Fax: 925-932-8392

Future Solutions 560 Lennon Lane
(Service Provided: First Offender)
560 Lennon Lane,
Suite 200,
Walnut Creek, California 94598
Phone: 925-932-7791; Fax: 925-932-7793

Neighborhood House Of North Richmond
(Service Provided: First Offender)
207 37th Street,
Room 114,
Richmond, California 94805
Phone: 510-233-1044; Fax: 510-235-8633

East County DUI
(Service Provided: First Offender)
500 School Street,
Pittsburg, California 94565
Phone: 925-439-1332; Fax: 925-439-0322

Occupational Health Services, Inc.
(Service Provided: First Offender)
1070 Concord Avenue,
Suite 222,
Concord, California 94520
Phone: 925-798-8936; Fax: 925-798-1145

Occupational Health Services
(Service Provided: 18 Month)
6401 Stockton Avenue,
El Cerrito, California 94806
Phone: 925-798-8936; Fax: 925-798-1145

» 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 Merced 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 Merced County, California:

Drydock DDP
(Service Provided: First Offender, 18 Month)
1521 West Main Street,
Merced, California 95340
Phone: 209-383-7797; Fax: 209-383-7538

» 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 Santa Barbara 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 Santa Barbara County, California:

Council On Alcoholism And Drug Abuse
(Service Provided: 18 Month)
232 E. Canon Perdido Street,
Santa Barbara, California 93101
Phone: 805-963-1433; Fax: 805-963-1720

Central Coast Headway, Inc.
(Service Provided: First Offender, 18 Month)
318 W. Carmen Lane,
Santa Maria, California 93454
Phone: 805-922-2106; Fax: 805-922-2751

Central Coast Headway, Inc.
(Service Provided: First Offender, 18 Month)
115 East College Avenue,
Suite 16,
Lompoc, California 93436
Phone: 805-737-0015; Fax: 805-737-7154

Zona Seca
(Service Provided: First Offender)
26 West Figueroa Street,
2nd Floor,
Santa Barbara, California 93101
Phone: 805-963-8961; Fax: 805-963-0322

» 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 – Boating Under the Influence (BUI) Punishment

Boating is an activity that many people engage in for fun and recreation. Amidst all the fun and the sunshine, some people fail to understand that it is illegal to operate a boat under the influence of alcohol. The problem is that when alcohol and boating mix, people can get injured. Boating under the influence of alcohol or drugs is a criminal offense that carries serious punishment for guilty offenders. The punishment can include jail time, alcohol education classes, fines, and other penalties. A qualified California DUI / DWI attorney is capable of handling cases involving boating under the influence.

The California Harbors and Navigation Code provides the laws that relate to boating under the influence. Being under the influence is defined as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The statute sets a zero-tolerance policy for watercraft such as aquaplanes and water skis. The zero-tolerance policy means that any trace of alcohol is illegal when operating these types of watercraft.

Boating under the influence may be a lot more dangerous than driving a car under the influence of drugs or alcohol, because people drive cars every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple of times a year. Such a person is far from an expert boat operator. For that same person to be drunk and boating is extremely dangerous.

Boating under the influence is most commonly charged as a misdemeanor. As such it is punishable by up to one year in county jail, a fine of up to $1,000, or both. When a BUI results in an injury to another person, it can be charged as a felony. A BUI felony can carry a penalty of one year in prison and a fine of up to $5,000. Boating under the influence of alcohol or drugs and causing death to another person is a felony that carries a penalty of up to 10 years in prison. Just as in cases of driving a car, a person convicted of boating under the influence may also be required by the court to take boating safety courses and alcohol education classes.

In California, boaters under the age of 21 are not allowed to consume any alcohol at all. A person under 21 with a BAC of .01 percent or more cannot even use water skis. A BAC of .01 percent to .05 percent in a boater under 21 is an infraction, with penalties similar to a traffic ticket.

Just like drivers in ordinary vehicles, boaters are subject to California’s Implied Consent Law. This law requires a person who has been arrested for driving or boating under the influence to submit to a chemical test. Refusing to submit to the chemical test can carry additional penalties.

Because the penalties in a BUI / BWI case can be so severe, it’s extremely important to have competent, aggressive legal representation. A California criminal defense lawyer with experience defending boating under the influence cases can fight the charges and keep negative consequences to a minimum.

Superior Court Of California, County of Fresno

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.

Fresno County Superior Court
Downtown Location
1100 Van Ness Avenue, Fresno, CA 93724-0002

Clovis Courthouse
1011 Fifth Street, Clovis, CA 93612

Coalinga Courthouse
160 W. Elm Street, Coalinga, CA 93210

Firebaugh Courthouse
1325 "O" Street, Firebaugh, CA 93622

Fowler Courthouse
127 E. Merced Street, Fowler, CA 93625

Kerman Courthouse
719 S. Madera Avenue, Kerman, CA 93630

Kingsburg Courthouse
1600 California Street, Kingsburg, CA 93631

Reedley Courthouse
815 "G" Street, Reedley, CA 93654

Sanger Courthouse
619 "N" Street, Sanger, CA 93657

Selma Courthouse
2424 McCall, Selma, CA 93662

» Fresno 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 Orange

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.

Orange County Superior Court – Central Justice Center (CJC)
700 Civic Center Drive West, Santa Ana, CA 92701

Central Justice Center Annex
909 N. Main, Santa Ana, CA 92701

Complex Civil Center (CXC)
751 West Santa Ana Blvd., Santa Ana, CA 92701

Lamoreaux Justice Center (LJC)
341 The City Drive, Orange, CA 92868-3209

Harbor Justice Center (HJC/LH)
Laguna Hills Facility
4601 Jamboree Road, Newport Beach, CA 92660-2595

North Justice Center (NJC)
1275 North Berkeley Avenue, Fullerton, CA 92832-1258

West Justice Center (WJC)
8141 13th Street, Westminster, CA 92683-4593

» Orange 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