Alcohol Education Programs in Mono 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 Mono County, California:

Mono County DDP
(Service Provided: First Offender, 18 Month)
452 Old Mammoth Road,
Sierra Center Mall,
3rd Floor,
Mammoth Lakes, California 93546
Phone: 760-924-1740; Fax: 760-924-1741

» 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

Superior Court Of California, County of Tulare

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.

Tulare County Superior Court
425 East Kern, Tulare, CA 93274

Visalia Courthouse
County Civic Center
221 Mooney Blvd., Visalia, CA 93291

Porterville Courthouse
87 East Morton, Porterville, CA 93257

Dinuba Courthouse
640 S. Alta Avenue, Dinuba, CA 93618

» Tulare 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

Motion for Supplemental Discovery

The process of gaining access to the prosecution’s evidence, known as discovery, is a critical aspect of drunk driving defense. An experienced California DUI lawyer from The Kavinoky Law Firm will seek access to every piece of evidence that may help a motorist accused of driving under the influence fight the charges. This is accomplished by filing a pretrial motion for supplemental discovery.

Motion for supplemental discovery is based on the notion that the defendant is entitled to receive all the information that will be used by prosecutors in their attempt to convict. Discovery has many purposes in a court case – it is designed to promote truth, save the court’s time, and to prevent an ambush at trial.

Certain evidence is turned over to the defense without a motion for supplemental discovery. The evidence that is typically turned over to the defense without a motion might include the names and addresses of prosecution witnesses, any statements made by the defendant, relevant evidence seized or obtained as part of the investigation, exculpatory evidence, results of scientific tests, and any written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.

California DUI lawyers experienced in driving while intoxicated cases will use a request known as a Brady motion to seek any information held by the prosecution that may benefit the defendant. For an example, the California DUI lawyer might ask the prosecution to provide calibration and maintenance records for the breath testing machine used during the driver’s arrest. Additionally, a discovery motion may be made to obtain a portion of blood or urine samples – known as a "split" – in order to have the samples independently tested by a forensic toxicologist.

Other motions might include requests to the court to impose sanctions because the prosecution failed to preserve favorable evidence. This type of request is called a Trombetta / Youngblood motion. Another discovery request, known as a Pitchess motion, is designed to obtain the personnel records of the law enforcement officer involved in the arrest.

Discovery begins informally when both sides present a list of requested materials. If either side fails to comply with the informal discovery process, then opposing counsel can engage in formal discovery.

Formal discovery is overseen by the court. If either side fails to comply with formal discovery, the court can order sanctions and other penalties. Formal discovery is always preceded by informal discovery, except in the case of Pitchess motions.

A motion for supplemental discovery can be an effective tool in the hands of the right California DUI lawyers or attorneys. A California DUI Attorney with a proven track record of fighting and winning DUI / DWI cases can determine where supplemental discovery will advance the client’s drunk driving defense case.

Drivers suspected of DUI / DWI in California often must take a field sobriety test such as the Finger-count Test during the traffic stop. Many drivers hope they’ll avoid arrest by “passing” a field sobriety test, but police don’t use the Finger-count Test to determine whether to make a driving under the influence arrest; that decision is typically made long before the field sobriety test is given. The test results merely create probable cause for an arrest and evidence for a drunk driving court case.

However, regardless of the results of a field sobriety test, it’s still possible to fight drunk driving charges and win. A skilled DUI / DWI attorney from The Kavinoky Law Firm can aggressively challenge the results of the Finger-count Test and demonstrate that the results could just as easily prove a driver was not impaired.

The Finger-count Test isn’t standardized by the National Highway Traffic Safety Administration (NHTSA), so it carries less evidentiary weight in court than a Standardized Field sobriety Test. It’s extremely subjective – it has no objective scoring system, and depends solely on the officer’s opinion of whether the driver “passed” or the test as performed.

Police officers administer the Finger-count Test, also called the Finger-tap Test by directing the driver to hold out one hand, palm up, and touch the tip of each finger to the tip of the thumb. The driver is told to count out loud after each tap, forward and backward, for three consecutive sets.

While administering the Finger-tap Test, the officer watches for certain signs that the driver is intoxicated, including starting the test too soon, an inability to count as directed, not following instructions, an inability to touch fingers as instructed, an inability to perform the correct number of sets, and stopping the test before told to do so.

The finger-count exercise shouldn’t even be called a test, because it’s nearly impossible to pass. The “symptoms” of intoxication that police look for are extremely subjective, meaning they can be interpreted in a number of ways. Fatigue, illness, injury or even nervousness can make the driver “fail” the Finger-count Test. Sometimes the test isn’t even conducted properly.

Because the Finger-tap Test and other Non-standardized Field Sobriety Tests are so subjective and inherently unfair, they can often be successfully challenged in court. A California DUI / DWI lawyer who is skilled in the art of cross-examination will question the officer skillfully and bring out details that work in the driver’s favor.

Drivers who feel they “failed” a field sobriety test like the Finger-tap Test often are reluctant to fight a drunk driving charge in court because they fear an automatic conviction. However, driving under the influence charges can be fought and won. Anyone arrested for drunk driving should contact a California lawyer skilled at defending suspected DUI / DWI drivers.

The courts have ruled that sobriety checkpoints don’t violate a motorist’s Fourth Amendment rights if they are conducted within certain criteria. California drunk driving sobriety checkpoints must follow specific guidelines set forth by the U.S. Supreme Court in order to be constitutional. However, police don’t always follow that protocol. If they don’t, any evidence gathered as a result of an arrest at a sobriety checkpoint may be suppressed at trial.

The skilled DUI / DWI defense attorneys of The Kavinoky Law Firm are extremely knowledgeable about the requirements of California drunk driving Sobriety Checkpoints and can determine whether an arrest was valid. They will request the following information during pre-trial discovery to help determine whether police followed the established guidelines:

• The identity of all involved law enforcement personnel, both sworn and civilian
• The identity of each person arrested at the roadblock. This information is necessary to determine whether proper procedures were actually followed, if defense counsel opts to interview them
• Where field sobriety tests were performed, and who conducted them
• Where chemical tests were given, and who conducted them
• All communication, diagrams, and reports used in designing the roadblock
• How long each driver was stopped at the checkpoint
• Whether a neutral formula was employed in stopping motorists, or whether officers used their own discretion
• Whether the roadblock had an official appearance, including warning signs, lights, and uniformed personnel
• How the location of the roadblock was determined
• How the timing and duration of the roadblock was determined
• Whether the public received advance notice of the checkpoint
• Whether the safety of drivers was of primary concern
• Whether motorists were allowed the opportunity to turn away from the roadblock without being detained

An experienced California defense lawyer will analyze this information to determine whether there were discrepancies between the protocol set by the courts and the operation of the checkpoint. If police did not follow all of the necessary guidelines, and there was no probable cause for a stop, a DUI / DWI defense attorney will move to have all of the evidence that stemmed from the arrest excluded.

If police don’t follow the established guidelines when operating a sobriety checkpoint, probable cause is needed to make an arrest if there is no warrant. Probable cause exists when the facts known to the officer would lead a person of ordinary care and prudence to believe that the person is guilty of a crime. The officer must be able to articulate why the driver was stopped and ordered to exit the vehicle.

Probable cause must exist during each stage of the encounter, including the performance of the field sobriety tests, chemical testing, and the arrest itself. If there was no probable cause, and the search and seizure took place without a warrant, there is a strong likelihood that the court will grant the motion to suppress, thus excluding the evidence gathered during the sobriety checkpoint.

This type of challenge can result in the exclusion of evidence that includes field sobriety tests, statements made by the defendant, and the results of any chemical tests. Roadblock sobriety testing is considered a search under the Fourth Amendment, and chemical tests of breath, blood, or urine are firmly established to be a seizure for Fourth Amendment purposes.

An experienced DUI / DWI defense attorney will argue that without a warrant or probable cause, all of this evidence must be suppressed. The prosecutor then bears the burden of proving that the search of the defendant and the seizure of the sample were the product of a lawful arrest.

Even though sobriety checkpoints have been sanctioned by the courts, not all drunk driving checkpoints are conducted according to established guidelines. Ultimately, evidence obtained at an improperly conducted sobriety checkpoint can be challenged. The first step is to consult with a California lawyer who concentrates on drunk driving defense.

The consequences for a DUI conviction can be grave – many drivers receive substantial fines, jail sentences, and license suspensions. However, many courts have developed alternative sentencing programs that give authorities greater flexibility in meting out punishment. An experienced California attorney from the Kavinoky Law Firm who focuses on drunk driving defense can explain the types of alternative sentencing available in some cases.

Sentencing alternatives are typically designed to help as well as punish the driver. Alternative sentences allow DUI drivers to retain their jobs and seek treatment for alcoholism, if needed – opportunities that are rarely available in county jail.

Some sentencing alternatives will allow good time/work time custody credits. Good time/work time custody credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been spent in county jail.

Some types of alternative sentencing available include community service, freeway cleanup, electronic monitoring, sober living environments, alcohol and drug rehabilitation, Alcoholics Anonymous meetings, and participation in a MADD Victim Impact program.

Other sentencing alternatives include ignition interlock devices – machines attached to vehicles which require drivers to blow into a breath detector before starting the car – and the Secure Continuous Remote Alcohol Monitor, or SCRAM, which measures alcohol by way of a device attached to the DUI offender’s ankle.

Another option is work furlough, which allows a DUI offender to go to work during the day and check into a dormitory-style housing facility at night. Some defendants may be eligible for work release, which allows the offender to work at an approved location and return home at night.

Some offenders are allowed to serve jail sentences at “weekend jails” at local police stations rather than county jails. Many local police departments will “rent out” their jail cells to DUI offenders overnight or for a weekend.

Because of the harsh consequences that drunk driving defendants face, alternative sentencing options can be an attractive alternative to incarceration. An experienced California DUI / DWI lawyer will review each case individually to determine whether sentencing alternatives may be available.