Second Time Offenders and the DMV Hearing

A driver who is arrested for a DUI / DWI in California will require the counsel of a California criminal defense attorney with vast experience in DUI / DWI cases. An attorney will be needed for those who are looking to protect their driving privileges in California. In California there is both a DMV hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of the drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

The two most important factors in a DMV hearing will be whether there are prior driving under the influence violations on the driver’s record, and whether there was a refusal to submit to chemical tests. In the case of a prior offense, the prior offense must have occurred within ten years of the current case. If there was a refusal to submit to the chemical tests following a driver’s arrest, a second time drunk driving violation will carry an automatic two year suspension and there will be no opportunity of getting a restricted license to allow for travel to and from work.

The sanctions on a driver’s license for a second time offender who did submit to the chemical tests will typically be a one year suspension of driving privileges with the possibility that there be conditions that allow the driver to drive to and from work and alcohol education classes. The driver will be required to file formal proof of insurance with the Department of Motor Vehicles. This is done with the filing of an SR-22 form.

In order for any sanctions against a driver’s license such as restriction, suspension, or revocation can take place following a DMV hearing, the Department of Motor Vehicles hearing officer must consider three issues, and be satisfied with each of the three issues. Briefly, those issues include whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver’s BAC was above the legal limit at the time of driving.

The Department of Motor Vehicles is the only authority in California to suspend a person’s driving privileges. Criminal courts no longer have this authority in California. But, when a driver is convicted of a DUI / DWI in California, the DMV will find out. Once the DMV has found out that a driver was convicted of a second driving under the influence offense in 10 years, the driver’s license will be automatically suspended for two years. This two year suspension will run concurrently with the original two year suspension given to the second time drunk driving offender after the DMV hearing. The Department of Motor Vehicles will also require the installation of an ignition interlock device and eighteen to thirty months of alcohol education classes.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.

Superior Court Of California, County of Lake

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.

Lake County Superior Court
255 N. Forbes Street, Lakeport, CA 95453

Clearlake Division
7000 A South Center Drive, Clearlake, CA 95422

» Lake 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 Santa Cruz

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.

Santa Cruz Superior Court
1701 Ocean Street, Santa Cruz, CA 95060

Watsonville Court
1430 Freedom Blvd., Watsonville, CA 95076

» Santa Cruz 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

California Criminal Defense- Examination of Arresting Officer

In California drunk driving trials, both the defense and prosecution call witnesses that support each side’s theory of the case. The prosecution typically starts by calling the officer who arrested the individual for drinking and driving. This can be a challenging part of the trial for the defense, because the officer is going to offer evidence that is damaging to the defendant’s case. However, the knowledgeable DUI / DWI defense lawyers at The Kavinoky Law Firm have the experience needed to lessen the impact of the arresting officer’s testimony.

The officer typically begins by testifying about the defendant’s driving pattern prior to the traffic stop. This is how the officer establishes that there was probable cause for an arrest. The officer may testify that the defendant was weaving between lanes, driving without headlights, or some other recognized driving pattern of DUI / DWI drivers.

The prosecutor will then have the arresting officer describe the traffic stop. The officer will testify about how the driver responded to the request to pull over and the officer’s initial observations when they spoke. These initial observations include whether the officer smelled alcohol, whether the driver’s speech was slurred, or any other symptom of intoxication.

The officer will then be asked to describe the driver’s performance on a field sobriety test. The officer will testify about any variation between the driver’s performance and how the tests are meant to be completed. However, because these tests are designed to be failed, the officer will only describe the things the driver did poorly, leaving out things the driver may have done well. An experienced DUI / DWI lawyer will use an effective cross-examination to bring out aspects of the test on which the driver performed well.

The officer will be asked to testify about any chemical tests that were performed. The officer will then establish the procedures regarding the chemical test and the chain of custody of any sample (blood or urine, because breath samples cannot be retained) that were taken from the driver. Finally, the officer will describe the chemical test results as evidence of the driver’s blood alcohol content (BAC).

Finally, the officer will describe the driver’s arrest. He or she will testify about the basis for the arrest – the officer usually says it was based on the “totality of the evidence” – and any statements made by the driver.

Once the prosecutor completes the arresting officer’s direct examination, the defense attorney can begin cross-examination. An experienced DUI / DUI lawyer will take this opportunity to poke holes in the prosecutor’s case. Cross-examination in a drunk driving case is not so much an examination as it is an opening for the defense lawyer to testify.

The most effective cross-examination takes place when the defense lawyer delivers questions in a manner that forces the officer to give yes or no answers. This style of questioning allows the defense attorney to testify to what he or she wants the jury to hear.

Along with jury selection, cross-examination of the arresting officer is the most critical aspect of the trial for the defense. Scoring points against a prosecution witness, rather than with a defense witness, is an effective strategy to win over the jury. In a juror’s mind, witnesses typically agree with the side that called them to testify. If the witness agrees with the opposing side, the jury really pays attention.

The practiced DUI criminal defense lawyer will use aggressive cross-examination techniques to draw out things that the driver did correctly when pulled over and arrested. For example, the police officer may have noted in the arrest report that the defendant was speeding and ran a red light prior to being pulled over, but won’t mention that the driver signaled before pulling over, or that he or she responded immediately to any requests for documents.

The officer will always mention details such as the driver’s red, watery eyes, slurred speech, or an odor of alcohol on the breath, but will not volunteer any information that indicates that the driver acted in any manner consistent with a sober person. The officer will always note even the smallest errors committed on a field sobriety test, even if these things do not indicate that a person is under the influence. Cross-examination of the officer is the time when the defense attorney can draw out positive information that will bolster the defendant’s case and discredit the officer.

Cross-examination is one of the most important aspects of an effective drunk driving defense. An experienced California criminal defense attorney who focuses on DUI / DWI defense will use aggressive cross-examination techniques to minimize the impact of the arresting officer’s testimony and create reasonable doubt in the driver’s guilt.

Locating an individual after a California DUI / DWI arrest can be challenging. The driver often spends hours at a police station before being transferred to a county jail, and finding the motorist can be a frustrating experience. However, a knowledgeable drunk-driving lawyer can help. An experienced criminal defense attorney from The Kavinoky Law Firm can locate the driver quickly and secure his or her release.

The task of searching for a motorist accused of driving under the influence will be much easier if the attorney has the driver’s full legal name and date of birth at hand. If the accused motorist has been in touch with family or friends since the arrest, obtaining the booking number will also help.

The ease in getting the accused driver released from jail depends on the jurisdiction in which the offense occurred and the facts of the case. Drivers arrested for DUI / DWI are sometimes released on their own recognizance, also known as OR. Being released on OR means that the driver doesn’t have to post bail if he or she makes a written promise to appear in court on the drunk-driving charge. If the driver fails to appear, an arrest warrant will be issued, and the driver will face a separate Failure to Appear charge (FTA). The FTA charge will be a misdemeanor if the underlying DUI was a misdemeanor, or a felony Failure to Appear charge if the underlying DUI was a felony.

In some jurisdictions, there is an OR Officer who evaluates accused DUI / DWI drivers to determine whether they’re suitable to be released on their own recognizance. Some jurisdictions automatically release drunk-driving arrestees if they have identification, are local residents, and are in custody long enough to protect the arresting agency from liability if the driver causes a DUI injury accident. If the driver isn’t released on his or her own recognizance, the driver may need the services of a bail bondsman.

A drunk-driving arrest carries potentially life-changing consequences, and requires fast legal action to protect the driver’s license, rights, and freedom. The skilled drunk driving criminal defense attorneys of The Kavinoky Law Firm are ready to help any motorist accused of driving under the influence secure immediate release, whether the charge is misdemeanor or felony DUI / DWI, driving under the influence of alcohol or drugs (DUID) or any other drinking and driving offense.

Suspected drunk drivers in California typically take field sobriety tests before getting arrested. These exercises shouldn’t even be called tests, because they’re designed to be failed. They exist only to create probable cause for a DUI / DWI arrest and to generate evidence for a drinking and driving court case. However, this evidence can be effectively challenged by a skilled defense attorney. A knowledgeable defense lawyer from The Kavinoky Law Firm can use the driver’s performance on a field sobriety test to demonstrate that the driver was not impaired.

Field sobriety tests fall into two categories: Standardized and Non-standardized. Three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA) are the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test, and the One-leg Stand Test.

A second category of tests are such unreliable gauges of alcohol intoxication that they aren’t even recognized by the NHTSA, yet are still used by police. These Non-standardized field sobriety tests include the Rhomberg Balance Test, the Finger-to-Nose Test, the Finger Tap Test, the Hand Pat Test, the ABCs, the Numbers Backward Test, and coin tricks.

Non-standardized field sobriety tests are more easily challenged in court, because they aren’t recognized by the NHTSA as accurate indicators of intoxication. While police claim that these tests measure mental and physical impairment from alcohol use, many of these so-called signs can be traced to physical problems other than alcohol.

This is a key aspect of successful DUI / DWI defense: Experts agree that when it comes to alcohol intoxication, mental impairment always occurs before physical impairment. Some individuals have a high tolerance for alcohol and can mask signs of physical impairment, but mental impairment can never be disguised. If a driver is physically impaired but not mentally impaired, the physical impairment must come from a source other than alcohol, and a jury must acquit a driver on a charge of driving while impaired.

Keep in mind that in order to return a DUI / DWI conviction, a jury must be convinced of the driver’s guilt beyond a reasonable doubt. An experienced DUI attorney knows that the inherent flaws in non-standard field sobriety tests pose great problems for the prosecution, and create doubt in the minds of jurors.

Obviously, many factors unrelated to alcohol intoxication can cause physical impairment, including injury, illness, fatigue, or nervousness. By taking a complete medical history, a lawyer who specializes in California DUI / DWI cases can establish whether causes other than alcohol impairment contributed to any physical impairment. Ultimately, the results of field sobriety tests can be successfully challenged.

Generally, driving under the influence or driving while intoxicated cases are prosecuted in State Superior Courts. Arrests that take place on federally-owned land such as national parks and military bases are prosecuted under the jurisdiction of the Federal Court. Federal Courts are different from State Courts in that they are controlled by different procedures. A California criminal defense attorney who is experienced in defending federal drunk driving cases understands the difference between state and federal prosecutions, the potential penalties that each may carry, and the many methods that are available to mitigate the consequences of a conviction for either.

Arrests in national parks are under the jurisdiction of the National Park Service, and as such, they are governed by the Code of Federal Regulations. Under the Code of Federal Regulations, driving under the influence of alcohol in a national park is a Class B misdemeanor. A driver convicted of a Class B misdemeanor can face up to six months in a federal prison and a fine of up to $5,000. He or she may also face up to five years of federal probation.

People driving under the influence of alcohol on federal land that does not fall under the jurisdiction of the National Park Service face the same punishment as those prosecuted in State Superior Court. The Assimilative Crimes Act, provides that DUI / DWI arrests on any land other than National Parks and military bases that are owned by the federal government fall under the law of the state where the driver was arrested.

The penalties for a conviction in a federal DUI / DWI case can be harsh and inconvenient, so it is crucial to hire excellent legal representation. An attorney experienced in defending federal drunk driving cases can implement a plan to achieve the best possible results in an individual case.

The federal government has Implied Consent laws similar to California’s Implied Consent Law. When a driver refuses to submit to a chemical test in a federal DUI investigation, there will be additional consequences. Refusal to submit is a misdemeanor under the Code of Federal Regulations and could lead to six months in a federal prison. A convicted driver will not be allowed to drive on federally-owned land for one year. Although there is no automatic license suspension under the federal laws, the California DMV will be notified of the refusal to submit and it will suspend the driver’s California license for one year.

It is important for a person facing federal drunk driving charges to understand that not every attorney is fully capable of representing a person in Federal Court. Federal courts differ from state courts in terms of timelines and procedures. It is important to use a federal criminal defense lawyer who is knowledgeable about the federal rules when fighting federal DUI / DWI charges.

When there is an accident involved in a drunk driving incident, the consequences for the convicted driver can be harsh. It will take a skilled DUI defense attorney and a crack team of independent experts to analyze the case thoroughly. The experts will investigate the underlying driving under the influence charge as well as completing a reconstruction of the accident.

It is essential to the California DUI defense lawyer to have an expert examine the accident scene and the vehicles involved as soon after the accident as possible. Crucial evidence may disappear if time is wasted. An expert in accident reconstruction will take photographs of the vehicles and the crash scene and will preserve any evidence that may be beneficial to the defense.

If the accident was unavoidable under any circumstances, then it follows that alcohol did not contribute to the crash .The accident reconstructionalist’s job is to establish what the events were that led up to the crash as well as to analyze the circumstances of the crash itself. Generally, the expert will be looking to establish that the crash was completely unavoidable.

Accident reconstruction involves an analysis of all vehicles involved in the crash. There will be an examination to determine whether there were any safety recalls that were not fixed that might have contributed to the accident. There will be a thorough investigation of the vehicles’ headlights, brake lights, and other safety equipment to determine whether everything was operating as it should at the time of the crash.

The accident reconstructionalist will look into weather conditions, road conditions, traffic patterns, and lighting in the area of the accident. Skid marks can be especially helpful because they can indicate whether the driver reacted to the coming danger or was not aware of the impending accident. Accident reconstruction also involves going over police reports and official diagrams to determine points of impact and other significant factors. Different marks on vehicles can be indicators of the way the accident unfolded.

An accident reconstructionalist is not limited to an examination of the accident scene. He or she may interview as many witnesses as possible, including the accused driver and any passengers in the driver’s car or in a different car.

In cases for driving under the influence of alcohol, the defense faces the police and prosecutors who have the resources to investigate every aspect of the accident in order to gather evidence against the defendant. An attorney who focuses on drunk driving criminal defense will engage the resources of independent investigators who will conduct forensic research and accident reconstruction to discover any evidence that points to the defendant’s innocence. An independent investigation by the California criminal defense attorney and his or her team of experts is extremely important when presenting a defense to DUI charges.

Alcohol Education Programs in Lake 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 Lake County, California:

Lake County DDP
(Service Provided: First Offender, 18 Month)
991 Parallel Drive,
Suite B,
Lakeport, California 95453
Phone: 707-263-8162; Fax: 707-263-9336

Lake County DDP
(Service Provided: First Offender, 18 Month)
7000-B South Center Drive,
Clearlake, California 95422
Phone: 707-994-6494

» 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 Sacramento 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 Sacramento DUI attorney.

Driving Under the Influence programs in Sacramento County, California:

Sacramento Drinking Driver Program
(Service Provided: Service Provided: First Offender, 18 Month)
4241 Florin Road,
Suite 110,
Sacramento, California 95823
Phone: 916-394-2320; Fax: 916-394-2453

Sacramento Drinking Driver Program
(Service Provided: First Offender, 18 Month)
3437 Myrtle Avenue,
Suite 420,
N. Highlands, California 95660
Phone: 916-338-6835; Fax: 916-338-6839

Galt Drinking Driver Program
(Service Provided: First Offender, 18 Month)
908 C Street,
Suite J,
Galt, California 95632
Phone: 209-744-2546; Fax: 209-744-8429

Safety Center, Inc.
(Service Provided: First Offender, 18 Month)
3909 Bradshaw Road,
Sacramento, California 95827
Phone: 916-366-7233; Fax: 916-366-1762

Breining Institute
(Service Provided: First Offender)
8880 Greenback Lane,
Suite A,
Orangevale, California 95662
Phone: 916-987-0662; Fax: 916-987-8823

Breining Institute
(Service Provided: First Offender)
7880 Alta Valley Drive,
Suite 160,
Sacramento, California 95823
Phone: 916-688-1163; Fax: 916-688-5021

Breining Institute
(Service Provided: First Offender)
2775 Cottage Way,
Suite 25,
Sacramento, California 95825
Phone: 916-972-8175; Fax: 916-972-1032

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
5777 Madison Avenue,
Suite 1290,
Sacramento, California 95841
Phone: 916-344-0359; Fax: 916-344-3864

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
1025 19th Street,
Suite 2,
Sacramento, California 95814
Phone: 916-444-5680; Fax: 916-444-2185

» 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.