Drivers arrested on suspicion of DUI in California are either released on their own recognizance, also known as OR, or must post bail in order to get out of jail. Bail in drunk driving cases is set just as in any other criminal case. Most counties have a bail schedule that outlines the bail requirements for each offense.

Many jurisdictions will release most driving under the influence suspects on their own recognizance, which means the driver won’t have to post bail. However, even if the driver is released on OR, DUI suspects typically must remain in jail for a certain number of hours, until police are certain that the driver is sober. This is designed to protect the arresting agency from liability – if an accused drunk driver was involved in an injury accident after being released from custody, the arresting agency may be held responsible.

While many jurisdictions release drunk driving suspects on their own recognizance, others require bail to be posted, even for misdemeanor offenses. Accused motorists who refused to submit to a chemical test, who had a blood or breath alcohol level (BAC) of .20 percent or greater, or who were involved in an accident are likely to be required to post bail.

Felony DUI cases always require bail to secure the driver’s release. Bail in a felony DUI arrest will typically be $100,000 or more. Bail bond firms typically require a down payment of 10 percent of the bail amount in order to secure a driver’s release.

The legal ramifications of a California drunk driving arrest are extremely severe, and a skilled attorney can help to arrange bail and protect the driver’s rights. The experienced attorneys of the Kavinoky Law Firm will help to secure the accused driver’s release and craft a defense strategy designed to minimize or even eliminate the consequences of a drunk driving arrest.

Evidential breath tests, also known as EBTs, are breath-testing instruments commonly used in California drunk driving investigations. Police and prosecutors rely heavily on EBT results, but they are far from foolproof. A skilled DUI / DWI defense attorney from The Kavinoky Law Firm will use a proven strategy to effectively challenge the results of EBTs.

To see how EBTs can be successfully challenged, it’s helpful to understand how alcohol enters a person’s breath. When an individual takes a drink, the alcohol isn’t digested like other substances – it gets absorbed by the stomach and small intestine. From this point, the alcohol enters the bloodstream.

The alcohol is then distributed by the blood to all tissues and organs that contain water. Veins carry the blood to and through the lungs, where the blood becomes oxygenated. The lungs are made up of air pockets, which are surrounded by blood-rich membranes, thus exposing the lung tissue to the consumed alcohol.

Third, the alcohol is eliminated by the body in the breath by evaporation. Evaporation occurs because the alcohol circulating in the blood comes in contact with the blood-rich membranes in the lung tissue and evaporates. During exhalation, the air is forced out of the lungs and emerges into the breath.

Infrared breath testing instruments identify ethyl alcohol molecules based on the way they absorb infrared light. No other compound absorbs radiation at the exact same wavelengths. In this sense, ethyl alcohol has a distinctive fingerprint.

EBTs measure the amount of alcohol in the breath by a partition ratio and converts it to an estimation of blood alcohol content. The problem with EBTs is that they generally contain instruments that detect the presence of mouth alcohol, commonly referred to as “slope detectors.” Mouth alcohol is the undetected, raw, unabsorbed alcohol in the mouth that falsely elevates the results of the breath test. The sources of mouth alcohol may include:

• A substance ingested prior to the breath test, like mouthwash, breath strips, cough drops or syrups, or asthma inhalers
• A substance regurgitated or burped from the stomach
• A case of gastroesophageal reflux, also known as GERD
• Dental work, such as dentures, braces or bridges which trap alcohol
• Mouth jewelry, such as tongue piercings, which trap alcohol
• Food in the teeth, especially bread and products containing yeast
• Tobacco products

The EBT slope detector reflects a real-time reading of the breath sample. Mouth alcohol creates a different pattern than a normal breath sample. If a subject has no mouth alcohol, the EBT device will read a continuous, though not linear, rise in breath alcohol until it reaches a plateau. If mouth alcohol is present, there may be a significant and sudden drop. A slope detector identifies and reports this drop as mouth alcohol, thus invalidating the result.

Another problem with EBTs is that police don’t always follow the proper waiting period before starting the test. Mouth alcohol evaporates after a 15-minute period, as long as no additional alcohol is introduced. Thus, police agencies are mandated to continuously observe the subject for 15 minutes before giving the breath test. This observation period cuts down on the possibility of a contaminated sample producing a falsely high BAC result.

Another issue with EBTs is California’s implied consent statute. According to the California Vehicle Code, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense committed in violation of Section 23140 (DUI for those under 21 years of age) or 23152 (DUI) or 23153 (DUI with injury). That means that a driver is only required to consent to a chemical test if arrested. However, police often administer breath tests prior to making an arrest.

Generally, a person has the choice of either a blood or breath test. However, if drugs are suspected the person may have to submit to a blood or urine test. But if only one type of test is available, then the person must submit to the available test. For example, if the person in transported to the hospital, they may have to undergo the blood test because no breath testing machines are present at that location.

Further, according to the California Vehicle Code, the person must be told that failing to submit to a chemical test will result in a fine, suspension or revocation of driving privileges, and mandatory imprisonment.

Finally, if only a breath test is chosen, the driver must be given the choice of having a blood test done in order to retain a sample for independent testing later on, because the breath test does not retain a sample.

Because of the many variables present in EBTs and the regulations governing their use, it is possible to challenge test results in a drunk driving case. Any driver who took a breath test and is facing charges of drinking and driving should consult with a qualified California attorney who specializes in DUI / DWI defense.

Drivers suspected of DUI / DWI in California often must perform field sobriety tests before being arrested. However, no matter how well the driver does on the tests, a drunk driving arrest is practically inevitable. The test is used solely to establish probable cause and create evidence for a court case. However, a skilled DUI / DWI lawyer from The Kavinoky Law Firm can successfully challenge field sobriety tests.

The Walk-and-Turn Test is one of three field sobriety tests standardized by the National Highway Traffic Safety Administration (NHTSA). Like other field sobriety exercises, the Walk-and-Turn Test is a divided-attention test – it’s designed to detect both mental and physical impairment by forcing the driver to focus on two tasks simultaneously. A prosecutor will use the test results as circumstantial evidence that the driver was impaired by alcohol or drugs.

The Walk-and-Turn Test is administered in two parts. The driver must first stand heel-to-toe with arms down while listening to the instructions. The officer tells the driver to take nine heel-to-toe steps along a real or imaginary line, turn, and return toward the officer in the same way. During the test, the officer will note any signs of impairment displayed by the driver.

The signs of intoxication the officer looks for include an inability to maintain balance during the test instructions, starting the test too soon, pausing while walking, an inability to touch heel to toe, veering off of the line, using the arms to balance, losing balance during the turn or inability to turn correctly, and miscounting the number of steps. If the officer spots two or more of these signs, he or she will assume that the driver has a blood alcohol content (BAC) of .10 percent or greater, and an arrest for DUI / DWI will follow.

However, many of the so-called signs of intoxication watched for in the Walk-and-Turn Test can be caused by physical conditions unrelated to alcohol, such as illness or injury. Alcohol consumption causes both mental and physical impairment, but mental impairment always occurs first. Physical impairment can be disguised by those with a high tolerance for alcohol, but mental impairment cannot be hidden. Therefore, if the driver shows only physical difficulties but no mental impairment, the field sobriety test results can be successfully challenged.

This test is particularly challenging for drivers with back or leg injuries, individuals older than 65, overweight drivers, and people with inner-ear disorders. A driver who performs the test on uneven ground, or who is wearing high heels, also isn’t likely to perform well.

Sometimes the officer doesn’t even conduct the Walk-and-Turn Test properly, or doesn’t correctly interpret the results. A California criminal defense attorney with a proven track record of winning driving under the influence cases can determine whether factors other than alcohol impairment hindered the driver’s test performance, and challenge the results.

California’s driving under the influence of marijuana cases are basically investigated and prosecuted like any other driving under the influence cases in this state. Once an officer detains a suspect, he or she focuses on several types of circumstantial evidence that he or she uses to arrest or release the driver. Although there are some differences between a “drunk driving” investigation and a DUI investigation that involves drugs, the similarities are substantial and include an observation about the driver’s driving pattern, his or her physical signs and symptoms and his or her performance on the field sobriety tests. Because of the ways in which these types of cases are routinely prosecuted, an individual accused of driving under the influence of marijuana needs an attorney who knows what to expect so that he or she can anticipate the appropriate defenses that will most likely result in a favorable outcome for the accused.

Testimony about the accused individual’s driving pattern is often one of the first types of evidence that the judge and jury will hear. The prosecutor typically has the arresting officer testify about all of the ways that he or she believed that the driver drove improperly or unsafely due to his or her drug impairment. With respect to impairment, it should be noted that one will be declared “under the influence” of marijuana if, as a result of the drug, the driver’s nervous system, brain or muscles were impaired (to an appreciable degree) in that he or she no longer had the ability to drive a car in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties and using reasonable care, would have under similar circumstances.

Physical signs and symptoms of impairment are also heavily relied on by the arresting officer and prosecutor. The officer will testify that the driver displayed “the signs and symptoms that are characteristic of an impaired person”. An example of these, as they pertain to marijuana use, may include red eyes, a foul odor emanating from the driver’s breath, limited attention span and poor physical coordination.

Field sobriety test or “FST” performance is usually what the arresting officer ultimately bases his or her opinion on when he or she determines that the driver is guilty of driving under the influence. It is also the point during the trial where the prosecutor has the arresting officer spend the most time trying to convince the judge and jury that the defendant is guilty of the charged offense. An experienced D.U.I. criminal attorney expects that the arresting officer will go into detail about each and every thing that the accused did wrong while performing these tests and will commonly rebut the evidence by asking the officer to also detail everything that the driver did correctly.

Chemical tests are one of the main differences between an alcohol-related DUI and a marijuana-related DUI. When arrested for “drunk driving” in California, the accused has a choice between taking a blood or breath test. When arrested for DUID (driving under the influence of drugs), the accused has a choice between a blood or urine test. If the test comes back positive for marijuana use, the prosecutor will be sure to tell the judge and jury that the presence of marijuana confirmed the officer’s opinion that the driver was impaired at the time of driving. A skilled defense lawyer knows that this is an incorrect statement and will ensure that the judge and jury understand that a test indicating use is not the same as a test indicating impairment.

The outstanding attorneys at The Kavinoky Law Firm know the most convincing arguments to challenge this type of evidence and have successfully defended countless clients against this charge. To learn more, contact one of their exceptionally qualified attorneys today for a free case evaluation.

Alcohol Education Programs in Kings 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 Kings County, California:

Kings View Community Services
(Service Provided: First Offender, 18 Month)
800 North Irwin Street,
Hanford, California 93230
Phone: 559-582-9307; Fax: 559-582-9042

» 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 Riverside 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 Riverside County, California:

Awareness Program
(Service Provided: Service Provided: First Offender, 18 Month)
45-550 Grace Street,
Indio, California 92201
Phone: 760-342-1233; Fax: 760-342-5344

Awareness Program
(Service Provided: First Offender, 18 Month)
1700 East Tahquitz Canyon Way,
Suite 6,
Palm Springs, California 92262
Phone: 760-322-4554; Fax: 760-342-5344

A.C.E. Program
(Service Provided: First Offender, 18 Month)
736 N. State Street,
Suite 108,
Hemet, California 92543
Phone: 909-929-4462; Fax: 909-925-3671

A.C.E. Program
(Service Provided: First Offender, 18 Month)
45 S. First Street,
Banning, California 92220
Phone: 909-849-5564; Fax: 909-849-4545

A.C.E. Program
(Service Provided: First Offender)
23846 Sunnymead Boulevard,
Suite 5,
Moreno Valley, California 92553
Phone: 909-242-6339; Fax: 909-242-9839

A.C.E. Program
(Service Provided: First Offender)
131 Corona Mall,
Corona, California 92879
Phone: 909-817-5674; Fax: 909-817-5692

High Road Program
(Service Provided: First Offender, 18 Month)
3579 Arlington Avenue,
Suite 200,
Riverside, California 92506
Phone: 909-781-6762; Fax: 909-781-6249

NCA – Alpha Program
(Service Provided: First Offender, 18 Month)
3757 Elizabeth Street,
Riverside, California 92506
Phone: 909-788-0411; Fax: 909-788-4803

NCA – Alpha Program
(Service Provided: First Offender, 18 Month)
565 Chaney,
Suite E,
Lake Elsinore, California 92530
Phone: 909-788-0411; Fax: 909-788-4803

Community Settlement Association
(Service Provided: First Offender, 18 Month)
4366 Bermuda Avenue,
Riverside, California 92507
Phone: 909-686-6267; Fax: 909-782-2337

A Better Community Counseling Program
(Service Provided: First Offender)
2200 Hamner Avenue,
Suite 103,
Norco, California 92860
Phone: 909-734-3399

Alert Program
(Service Provided: First Offender)
730 Eugene Road,
Palm Springs, California 92264
Phone: 760-322-7725

Anderson & Associates Counseling Services
(Service Provided: First Offender, 18 Month)
26811 Hobie Circle,
Suite 2,
Murrieta, California 92562
Phone: 909-677-0777; Fax: 909-698-6319

» 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 Sonoma 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 Sonoma County, California:

Sonoma County Drinking Driver Program
(Service Provided: First Offender, 18 Month)
1300 Coddingtown Ctr.,
Santa Rosa, California 95401
Phone: 707-565-7640; Fax: 707-565-7661

» 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.

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