Alcohol Education Programs in Stanislaus 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 Stanislaus County, California:

Safety Center, Inc. – Stanislaus
(Service Provided: First Offender)
2005 Evergreen Avenue,
Suite 350,
Modesto, California 95350
Phone: 209-526-9393; Fax: 209-526-5060

Occupational Health Services, Inc.
(Service Provided: 18 Month)
2260 Floyd Avenue,
Suite 100,
Modesto, California 95355
Phone: 209-527-8070; Fax: 209-523-0429

» 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.

Third Time Offenders and the DMV Hearing

The driver who is arrested for driving under the influence of alcohol will require the counsel of a California criminal defense attorney with vast experience in DUI / DWI cases. An attorney is required for those who seek to protect their driving privileges in California. In California there is both a Department of Motor Vehicles 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.

Two crucial factors in a DMV hearing will be whether there are prior drinking and driving violations on the driver’s record, and whether there was a refusal to submit to chemical tests. Previous driving under the influence offenses must have occurred within the past ten years in order to be counted as prior offense. If there was a refusal to submit to the chemical tests following a driver’s third DUI / DWI arrest, a the third time drunk driving violation will carry an automatic three year suspension without any chances of getting a restricted license to allow for travel to and from work. The driver will be required to file formal proof of insurance with the Department of Motor Vehicles by filing a SR-22 form at the end of the suspension period in order to regain driving privileges.

A third offense driving while intoxicated arrest where the driver voluntarily submits to a blood or breath test after being arrested, the punishment will be a two year suspension and the driver will be required to file formal proof of insurance with the DMV by the filing of an SR-22 form. This filing will be required for three years. After eighteen months of the suspension, a third time offender may be entitled to a restricted license that allows for the travel to and from work as well as alcohol education classes that will be required for a third time offender.

In order for any sanction such as restriction, suspension, or revocation can take place, the Department of Motor Vehicles hearing officer must face three issues, and be satisfied with each of the three issues. In short those issues are 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 DMV has the sole authority in California to suspend driving privileges. Criminal courts do not have this authority. However, when a driver is convicted of a DUI / DWI in California, the DMV will find out. Once the DMV has found out that a motorist was convicted of a third drunk driving offense, the driver’s license will be automatically suspended for a period of two years. This two year suspension will run concurrently with the original suspension given after the Department of Motor Vehicles hearing.

Furthermore, the DMV 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 Madera

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.

Madera County Superior Court
209 West Yosemite Avenue, Madera, CA 93637

Borden Division
14241 Road 28, Madera, CA 93638

Chowchilla Division
141 South 2nd Street, Chowchilla, CA 93610

Sierra Division
40601 Road 274, Bass Lake, CA 93604

» Madera 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 Siskiyou

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.

Siskiyou County Superior Court
Yreka Division
311 4th Street, Yreka, CA 96094

Weed Branch
550 Main Street, Weed, CA 96094

Happy Camp Branch
28 Fourth Avenue, Happy Camp, CA 96039

Dorris Branch
324 N. Pine Street, Dorris, CA 96023

» Siskiyou 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 Attorney – Defense Closing Argument

Once both the defense lawyer and the prosecutor have presented their cases in a California DUI / DWI trial, both sides deliver closing arguments. For a skilled drunk driving criminal defense attorney from the Kavinoky Law Firm, this is an excellent opportunity to demonstrate to jurors that the prosecutor has not met the burden of proving each element of the case beyond a reasonable doubt.

The prosecutor is allowed to argue both first and last because he or she has the burden of proving the defendant’s guilt beyond a reasonable doubt. When the prosecutor has given a closing argument, the defense attorney will deliver a strong closing argument, and then the prosecutor is allowed to deliver a rebuttal. This may seem somewhat unfair to the accused drunk driver, but a carefully crafted closing argument by an experienced defense lawyer will address any questions the prosecutor poses to the jury.

One of the most critical aspects of a strong closing argument is to remind the jury of their duty to acquit the driver if the prosecutor has not proven every element of the case beyond a reasonable doubt. This is crucial, because savvy prosecutors often lead jurors to believe that the defendant must prove his or her innocence. Even though the jury instructions state directly that the prosecution, not the defense, carries the burden of proof, jurors sometimes forget this critical point in the presence of a smooth-talking prosecutor.

It’s equally important for the defense attorney to point out to jurors that in circumstantial evidence cases with two reasonable views of the evidence, the jury must accept the one that points to the defendant’s innocence. A skilled DUI / DWI defense lawyer will use this mandate to cast doubt on every aspect of the prosecutor’s case. For example, if police testified that the defendant performed badly on a field sobriety test because he or she had been drinking, and the defense introduced equally compelling evidence that the driver’s physical impairment was caused by an injury or illness, the jury must accept the explanation that points to the defendant’s innocence.

A knowledgeable defense lawyer will always point out holes in the prosecutor’s case and stress alternative explanations presented by the defense during closing arguments. The DUI / DWI defense attorney will also remind the jury about the testimony of defense witnesses, including the defense expert, the defendant, or any alibi witnesses. Finally, the defense lawyer will remind jurors about the oath they took to follow the law, and the jury instructions they will receive.

The defense lawyer’s closing argument is particularly effective when he or she has built a rapport with the jurors and succeeded in gaining their trust. This communication process starts long before closing arguments – a skilled defense lawyer begins building a rapport during jury selection, and builds on that connection throughout the trial.

A practiced California DUI / DWI criminal defense lawyer will develop an effective closing argument that reminds jurors of the prosecutor’s burden of proof, summarizes the defense case, and incorporates the jury instructions. He or she will then ask the jury to render a just and fair verdict of not guilty.

Why Do I Need a Lawyer’s Help to Fight a California DUI Charge?

Lawyers who focus on DUI / DWI defense hear this question all the time. What’s the point of hiring an attorney if a drunk driving arrest means an automatic conviction? That’s the assumption that most individuals accused of driving under the influence make, but it’s incorrect. It’s possible to fight a drinking and driving charge with the help of an expert attorney and win.

A skilled DUI / DWI defense attorney can assist with every detail after a California drunk driving arrest, including locating the accused motorist, finding a reputable bail bond firm, requesting a DMV hearing to protect the driver’s license, and fighting for the driver’s rights in the criminal court system.

That’s the best reason to hire a lawyer to fight a drunk driving case – an accused DUI driver who pleads guilty without putting up a fight has a 100 percent chance of being convicted of drunk driving. And a driving under the influence conviction is no joke – besides costing more than $10,000, a DUI / DWI conviction threatens a motorist’s driver’s license and even his or her freedom. That’s right – convicted drunk drivers are being sentenced to jail and prison at higher rates than ever before.

However, just like any other criminal defendant, a motorist charged with driving under the influence is presumed innocent unless proven guilty. Accused DUI / DWI drivers are also entitled to a jury trial in California – not so in some other states. If the prosecutor cannot convince all 12 of the jurors of a defendant’s guilt, there can be no conviction.

A California drunk driving jury trial can end in one of three ways – either all 12 jurors agree on the defendant’s guilt; all 12 agree on the defendant’s innocence, or the jurors cannot agree on a unanimous verdict. This last outcome is called a hung jury, and it’s an excellent outcome in a DUI / DWI case, because it means that the charges will most likely be dismissed.

Therefore, to win a drunk driving case, a defense attorney need convince only one of the 12 jurors to vote not guilty. Just one out of 12. The alternative is for accused drivers to throw themselves on the mercy of a system that has no mercy. Isn’t that reason enough to fight a DUI / DWI case?

An experienced California DUI / DWI defense attorney has the knowledge needed to challenge every shred of evidence in a drunk driving case, from field sobriety tests (FSTs) to chemical test results. A skilled defense lawyer will fight hard to protect the driver’s rights and create reasonable doubt in his or her guilt.

Fortunately, a DUI / DWI arrest doesn’t equal an automatic conviction. Anyone charged with drunk driving or driving under the influence of drugs (DUID) should consult with an attorney that specializes in defending drunk driving cases.

Police who suspect a driver of DUI in California typically require the driver to take a field sobriety test such as counting numbers backward before making an arrest. Although many drivers hope that “passing” a field sobriety test will help them to avoid arrest, these “tests” exist solely to create probable cause for an arrest and generate evidence for a drunk driving court case. Fortunately, a skilled DUI defense attorney from The Kavinoky Law Firm can challenge the results of field sobriety tests as part of a strategic defense plan.

The Numbers Backward Test is so subjective an indicator of impairment from alcohol that it isn’t even standardized by the National Highway Traffic Safety Administration (NHTSA). Because the test isn’t endorsed by the NHTSA, it carries less evidentiary weight than Standardized field sobriety tests. The numbers backward exercise has no objective scoring system, and only the officer’s opinion determines whether the driver passes or fails.

When administering the Numbers Backward Test, the officer tells the driver to listen to the instructions before counting from one to ten, then back down to one. Sometimes the driver is instructed to begin at 100 or 1,000, and told to count backward until told to stop. As the test progresses, the officer will watch closely for signs that could be interpreted as alcohol impairment.

The Numbers Backward Test is a divided-attention test that’s designed to force the driver to concentrate on two tasks simultaneously. The officer will interpret the following as signs of intoxication: an inability to follow instructions, an inability to count, swaying or other balance problems, or starting or stopping the test too early.

However, many factors unrelated to alcohol intoxication could cause a driver to perform poorly on the test, including nervousness, fatigue, or motor-skills impairment. Some officers explain the instructions poorly or even administer the test incorrectly. An experienced DUI lawyer can successfully challenge the results of the numbers backward exercise or another field sobriety test.

Many drivers fear there’s no hope of successfully fighting a driving under the influence charge after a poor performance on a field sobriety test. However, counting backward and other field sobriety tests can be successfully challenged in court. A California drunk driving attorney who focuses on DUI / DWI defense can evaluate a driver’s performance on a field sobriety test and use the results to convince a jury that the driver was not impaired.

Manslaughter

The most serious of all drunk driving cases are those that involve the death of a person or persons. Punishments in these cases will be very harsh. When a person dies in a drunk driving incident, the prosecutor will usually charge the driver with second degree murder, vehicular homicide, or manslaughter. An experienced California DUI / DWI lawyer can often negotiate a plea bargain with the prosecution. If a fair compromise is not available, then a qualified attorney can vigorously defend against the charges in a trial.

Manslaughter is defined as the killing of another person without intent, but with the knowledge that one’s actions are likely to cause death. The theory behind this definition is that a person who drinks and drives knows that drinking and driving is dangerous and that it could lead to killing a person. This is also defined as criminal negligence.

In manslaughter, intent is not the issue. In all but a few cases, an individual driving under the influence of alcohol does not intend to kill anyone. The prosecution will argue however, that the person knew that his or her actions could lead to a person’s death. When a driver has previous drinking and driving convictions, the prosecutor will be able to argue that the driver really did know how dangerous his or her actions were.

If a DUI / DWI attorney can evaluate the evidence and subsequently prove that the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. Independent experts will investigate the facts behind the drunk driving charge. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident.

Chemical tests are typically conducted an hour or more after an incident. This may be especially true when the driver was also injured in the crash. Due to the lateness in conducting the tests, there can be no irrefutable evidence as to what the driver’s BAC was at the time of the incident. It is entirely possible that the driver’s BAC could have increased between the time of the accident and the time of the blood test or breath test.

A competent criminal defense attorney and his or her team of experts will conduct an independent investigation into the facts of the case. An attorney who focuses on drunk driving criminal defense will hire independent investigators to do forensic research and accident reconstruction in order to discover evidence that is favorable to the defendant. An independent investigation is crucial because the defense is up against the police and prosecutors who have the resources to investigate every aspect of the accident in order to collect evidence against the driver.

The consequences in manslaughter cases are harsh. It is therefore crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team will evaluate each case to determine the best possible defense in order to minimize any potential punishments.

Alcohol Education Programs in Alameda 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 Alameda County, California:

Bi-Bett Education Program
(Service Provided: First Offender)
21192 Hesperian Boulevard,
Hayward, California 94541
Phone: 510-783-8708; Fax: 510-783-8725

Second Chance, Inc.
(Service Provided: First Offender)
6330 Thornton Avenue,
Suite B,
Newark, California 94560
Phone: 510-792-4357; Fax: 510-745-1693

Valley Community Health Center
(Service Provided: First Offender)
11840 Dublin Boulevard,
Dublin, California 94568
Phone: 925-556-2520; Fax: 925-556-0224

Occupational Health Services, Inc.
(Service Provided: First Offender, 18 Month)
344 Pendleton Way,
Oakland, California 94621
Phone: 510-569-9888; Fax: 510-569-3743

Occupational Health Services, Inc.
(Service Provided: 18 Month)
11875 Dublin Boulevard,
Suite D176,
Dublin, California 94568
Phone: 510-569-9888; Fax: 510-569-3743

» 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 Lassen 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 Lassen County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
309 Cottage Street,
Susanville, California 96130
Phone: 530-222-8302; Fax: 530-222-5872

» 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.