Category: Driving Under the Influence

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Alcohol Education Programs in Solano County, California

Alcohol Education Programs in Solano 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 Solano County, California:

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
623 Great Jones Street,
Fairfield, California 94533
Phone: 707-429-8888; Fax: 707-429-1809

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
2100 Sacramento Street,
Vallejo, California 94590
Phone: 707-642-8947; Fax: 707-642-8949

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
3000 Alamo Street,
Suite 209,
Vacaville, California 95687
Phone: 707-451-9703; Fax: 707-446-0471

Healthy Partnerships, Inc.
(Service Provided: First Offender, 18 Month)
1286 Callen Street,
Vacaville, California 95688
Phone: 707-447-8982; Fax: 707-447-3205

Healthy Partnerships
(Service Provided: First Offender, 18 Month)
1735 Enterprise Drive,
Building 1, Suite 105-A,
Fairfield, California 94533
Phone: 707-425-1799; Fax: 707-425-1081

Ia’Tik Recovery Center
(Service Provided: First Offender, 18 Month)
604 Broadway Street,
Vallejo, California 94590
Phone: 707-558-0104; Fax: 707-558-8047

» 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.

The Interstate Driver’s License Compact

The Interstate Driver’s License Compact

The Interstate Driver’s License Compact serves the purpose of allowing different state DMVs to communicate. Therefore, if a person is visiting California and is arrested for drunk driving, the home state of the driver will find out about the arrest. This may affect the driver’s insurance as well as driving record in his or her home state.

Being arrested for DUI / DWI in California can be stressful, especially if one is from out-of-state. While you may have feelings of distress or anger following your arrest, do not waste any time in locating a qualified California DUI / DWI attorney. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles, which in turn will provide that information to your state’s DMV. If you or someone you know has been charged with a drunk driving offense you may need to find that person who remains in custody, and you will need to locate a bail bondsman too.

It is not always simple locating a friend or loved one who is in custody without the right information. When attempting to locate someone it is helpful to have the individual’s full name and birthdate as well as a booking number related to the arrest.

The state of California may not suspend the home state license of a driver. The best the Department of Motor Vehicles can do is to suspend the driver’s driving privileges in California. A person with an out-of-state driver’s license can fight the California suspension at a DMV hearing. The best way to challenge the DMV is to hire a California criminal defense attorney with vast experience in DUI / DWI cases.

The Interstate Driver’s License Compact is signed by 45 states. These states have a reciprocal arrangement regarding information related to certain convictions such as diving under the influence of alcohol or drugs. Each state that is party to the Compact may suspend, restrict, or revoke the state license belonging to the driver. The five states that do not belong to the Compact are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Some states like California have administrative systems that handle DUI / DWI cases through a DMV hearing or something similar. Other states do not have such systems. Rather, these states wait until a person has been convicted of a DUI / DWI in criminal court. Once the conviction is reported to the Department of Motor Vehicles by the courts, the DMV will consider administrative action against the license. If you are in any state, it is wise to consult with the best attorney available in that state.

Punishments between states vary. Some states will simply enforce the same punishment that was given in another state. Others will give lighter sentences, while some other states will simply ignore some convictions.

The best possible way for drivers with out-of-state licenses to keep their driving privileges after a California DUI / DWI arrest is to challenge the California Department of Motor Vehicles. A California criminal defense attorney with vast experience in DUI / DWI cases can provide information about the all states’ licensing policies and successfully challenge these administrative hearings.

Superior Court Of California, County of Kings

Superior Court Of California, County of Kings

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.

Kings County Superior Court
Hanford Courthouse
1426 South Drive, Hanford, CA 93230

Avenal Superior Court
Avenal Downtown Courthouse
501 E. Kings Street, Avenal, CA 93204

Corcoran Superior Court
Corcoran Downtown Courthouse
1000 Chittenden Avenue, Corcoran, CA 93212

Lemoore Superior Court
Lemoore Downtown Courthouse
449 C Street, Lemoore, CA 93245

» Kings 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 Barbara

Superior Court Of California, County of Santa Barbara

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 Barbara County Superior Court
Anacapa Division
1100 Anacapa Street, Santa Barbara, CA 93121-1107

Santa Barbara County Superior Court
North County Administration – Miller Division
312 East Cook Street, Building E, Santa Maria, CA 93454-5165

Figueroa Division
118 E. Figueroa Street, Santa Barbara, CA 93101

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

» Santa Barbara 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

Criminal Court Punishment

A DUI charge generates two different cases – with the DMV and the court. Criminal court cases are resolved in two different ways – through a plea bargain or with a trial. If a driver pleads guilty to a DUI charge, or is convicted by a jury, the court case moves on to the sentencing phase.

The punishment attached to a DUI  conviction varies, depending on the factors of the case. An experienced California drunk driving criminal defense lawyer can guide a driver through the legal system to ensure that a he or she receives the best defense available and the fairest possible punishment if convicted.

Note: California has passed new DUI sentencing laws that affect offenses committed on or after Sept. 20, 2005. The new legislation removed the power of criminal courts to suspend or revoke licenses in drunk driving cases – that power now rests solely with the Department of Motor Vehicles. The legislation also imposed new rules that regulate the sentencing of those convicted of drinking and driving.

The possible punishments for drinking and driving or driving under the influence of drugs (DUID) include fines, license suspension or revocation, alcohol education programs, jail time, probation, and conditions of probation including ignition interlock devices and, in some states, special license plates.

Drunk driving punishments depend on whether it was charged as a felony or a misdemeanor; whether the driver’s blood alcohol content (BAC) was greater than .15 percent, and whether he or she has had other DUI convictions during the past 10 years.

Prior drunk driving convictions can have a dramatic impact on the punishment for a later DUI case. Multiple drinking and driving cases in a 10 year period greatly increase the likelihood that the driver will serve time. Jail time may be as little as 48 hours, or as much as one year in county jail.

Fines imposed for DUI  cases range from $390 to $5,000, but “penalty assessments” can greatly increase the base fine nearly threefold. The penalty assessment is a state tax written into California law, and is now greatly exceeds the fine. Currently, the penalty assessment is 171 percent, meaning that for a $100 fine, the total payment is $271. Pending legislation may increase the penalty assessment even more.

A driver’s license may be suspended for anywhere from four months for a first offense to three years for a third or fourth offense with a chemical test refusal. License suspensions stemming from a criminal conviction are different from those resulting from an unsuccessful DMV hearing. Only the DMV can actually suspend the license, and is the only agency that can grant a restricted license for travel to work.

Both courts and the DMV can order DUI drivers to attend alcohol education classes. The standard program for first-time offenders requires attendance at one three-hour session per week for 12 weeks, or approximately 36 hours of coursework. It may be possible to get a restricted driver’s license to allow for driving to and from the program.

Those convicted of a second drunk driving charge within 10 years are typically ordered to attend an 18-week program that begins with mandatory attendance at weekly sessions, gradually changing to every other week. Finally, there is a 30-month program for multiple offenders.

As a condition of probation, the judge may require the installation of an ignition interlock device. These devices are sophisticated systems attached to a vehicle’s ignition system that test for alcohol on a driver’s breath. If there is a measurable amount of alcohol in a driver’s breath, the car will not start.

Although some states have enacted legislation requiring the use of special license plates to identify convicted drunk drivers, California does not currently require special plates.

The penalties for drunk driving can be serious, and have a lifelong financial and personal impact. A skilled California attorney who specializes in DUI criminal defense can evaluate each case and devise a strategy that will result in the best possible outcome for anyone accused of drinking and driving.

DMV Hearing

Requesting a DMV Hearing in a DUI / DWI Case

Motorists arrested for DUI / DWI in California must take fast action to protect their driver’s licenses. The California Department of Motor Vehicles will automatically suspend a suspected drunk driver’s license in an administrative action if the motorist doesn’t request a hearing within 10 days of the arrest.

DMV administrative hearings are extremely complex and technical, and the odds are stacked against the driver, but it’s possible to successfully fight the DMV administrative per se action. The best chance of saving an accused driver’s license is to have a skilled attorney fighting for the motorist’s rights. A skilled defense attorney from the Kavinoky Law Firm who focuses on drunk driving defense can help a driver achieve the best possible outcome at a DMV hearing.

Because of recent changes in California drunk driving law, the criminal courts have no authority to suspend a license because of a driving under the influence conviction. That authority now rests solely with the California Department of Motor Vehicles. However, the DMV can suspend a driver’s license both after a DUI / DWI arrest and as punishment for a conviction.

The Department of Motor Vehicles administrative hearing following a drunk driving arrest is unlike a court trial in several ways. The most striking difference is that the individual who presents the evidence against the driver and the individual who decides the case are the same person. In criminal court, that would be like having the same person act as judge and prosecutor.

The standard of proof in a DMV hearing is also lower than in criminal court. In order to suspend the driver’s license, the DMV hearing officer must merely establish three things – that the arresting officer had reason to believe a crime occurred, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08 percent or greater.

The evidence presented by the DMV hearing officer typically consists of official reports such as the arrest report and the driver’s chemical test results. However, a skilled defense attorney can effectively challenge this evidence and bring in witnesses to contradict the DMV’s case.

Drivers accused of DUI / DWI in California who are licensed in other states may be unconcerned about losing their privileges here, but California’s participation in the Interstate Driver’s License Compact means that the motorist’s home state may learn about the arrest and suspend the license. The IDLC is an agreement among 45 states to share information about driving-related crime.

An experienced DUI / DWI criminal defense attorney from the Kavinoky Law Firm can advise any driver of whether his or her state has an administrative suspension process and plan a strategic attack to win the hearing. Whether the driver was arrested for DUI / DWI for the first time or has one or more drunk driving convictions on the record, the best chance of succeeding at a DMV hearing is with the help of an experienced defense lawyer.

Jury Instructions in Refusal Cases

A driver arrested for DUI / DWI in California is required by law to take a chemical test to determine blood alcohol content (BAC). Any driver who refuses to take a chemical test faces stiff consequences both at the DMV and at trial. In drunk driving trials, juries are given specific instructions on how to consider chemical test refusals.

Prosecutors typically use refusals as evidence of consciousness of guilt in driving under the influence cases. This type of tactic is necessary because the prosecutor doesn’t have any actual evidence showing the driver’s BAC. The typical argument is that the person arrested for DUI / DWI must have been drunk, or he or she would have agreed to a chemical test.

This prosecutorial strategy isn’t always effective. If jurors hear a valid reason for the refusal, such as injury, inability, or a desire to speak to a lawyer first, they often excuse the refusal. Because of this, prosecutors lose more refusal cases than any other type of DUI / DWI case. The skilled defense lawyers at The Kavinoky Law Firm can help defendants who refused chemical tests plan a strategy to convince a jury to excuse the refusal.

The California Jury Instructions (CALJIC) addresses refusals specifically:

  • The law requires that any driver who has been lawfully arrested submit to a chemical test at the request of a peace officer who has reasonable cause to believe that the person arrested was driving under the influence.
  • If the defendant refused to submit to such a test after a peace officer asked (him/her) to do so and explained the test’s nature to the defendant, then the defendant’s conduct may show that (he/she) was aware of (his/her) guilt. If you, the jury conclude that the defendant refused to submit to such a test, it is up to you to decide the meaning and importance of the refusal. However, evidence that the defendant refused to submit to such a test cannot prove guilt by itself.

These instructions are typically read to jurors preparing to deliberate California DUI / DWI cases. CALJIC also addresses the enhancement of punishment in a refusal case, even though the jury is told that they cannot be concerned with penalty or punishment in a DUI case:

  • Driving under the influence or with a blood alcohol level of 0.08 percent or more AND failure to submit to or complete a test will result in suspension of (his/her) driving privilege for one year or revocation of (his/her) driving privilege for two or three years.

As the instructions make clear, jurors must decide for themselves whether a driver’s refusal of a chemical test constitutes consciousness of guilt, and whether it can be excused. There may be a valid reason for a refusal that can be excused, and help to minimize or even eliminate the consequences of a drunk driving case. A qualified California lawyer who focuses on DUI / DWI defense will thoroughly evaluate a refusal to determine whether a valid reason existed to decline a chemical test.

Driving Under the Influence of Drugs (DUID) Cases

In California, anyone who drives after ingesting drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, driving under the influence of drugs is prosecuted in practically the same way as cases involving driving under the influence of alcohol. DUID is a serious charge that carries harsh repercussions, and requires qualified legal counsel. A California attorney experienced in defending DUID cases can fight the case from beginning to end and can achieve a favorable result for a driver accused of driving under the influence of drugs.

In DUID cases, it does not matter if the driver is under the influence of a drug that is legal or illegal. Taking over-the-counter cold medicine can result in a DUID case. There is no requirement that the drug be a prescription drug. The only issue is whether the driver was under the influence of drugs such that they could not operate the vehicle with the same care as a sober person.

In a DUID case, a person is “under the influence” when they are unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances. A prosecutor must prove that the driver meets the legal standard for driving “under the influence.”

There is no legal limit or special number that indicates that a person is too impaired to drive. Therefore, results that indicate a certain amount of narcotics or other drugs in the driver’s system do not automatically mean that the driver was impaired. The prosecutor must prove impairment by way of other circumstantial evidence too. The prosecutor will introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results.

Once an arrest has been made in a case involving driving under the influence of drugs, California’s implied consent law requires that the driver submit to a chemical test. One may submit to a blood test, breath test, or urine test. The urine test is rarely used in drunk driving cases because it is a highly unreliable to test for alcohol, but it is more common in cases where drug use is suspected. If a driver fails to submit to a chemical test, he or she will face an automatic license suspension for one year.

An experienced California criminal defense attorney understands that urine tests are inherently unreliable. A drug like marijuana can stay in a person’s system for up to a month. Therefore, if a person smoked marijuana on a Monday and was arrested for driving under the influence of drugs on the next Friday, even if they hadn’t smoked since Monday, the urine test would come up positive for marijuana. This is true despite the fact that the driver was not actually under the influence of marijuana at the time of driving.

Typically, an investigation for driving under the influence of drugs will begin once a police officer who observes driver impairment concludes following a breathalyzer that the driver is not under the influence of alcohol. Some police agencies will automatically look into the results of blood and urine tests for traces of drugs when an impaired driver does not appear to be under the influence of alcohol.

When police suspect drug use, an officer who has received training as Drug Recognition Evaluator, or DRE will be called on to investigate. A California DUI lawyer will be able to challenge whether the officer is actually a qualified DRE because training and experience vary among officers. The DRE will investigate the driver for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The DRE may conduct further field sobriety tests in a well lit and controlled environment. The DRE will also ask the driver questions in order to elicit incriminating statements.

Drug use is not always easy to spot. Oftentimes, what may appear to be drug use could be a result of drowsiness, depression, or other mental or physical ailments. A qualified attorney experienced in DUID cases, will be able to investigate a case and come up with a plan to minimize any potential punishments.

California Drunk in Public and Public Intoxication Laws

You’ve probably always thought that as long as you don’t get behind the wheel of a car when you’ve been drinking, you’re okay. After all, you’re not going to get a DUI while walking, right?

Surprising to many, it’s possible for pedestrians to face a criminal charge in California, known as “drunk in public” or public intoxication. Fortunately, is possible to aggressively fight a California drunk in public charge and avoid both the repercussions of such a charge and a criminal record. The experienced defense attorneys of The Kavinoky Law Firm have the skills needed to effectively defend your drunk in public charge and fight for your rights.

Just being under the influence of alcohol isn’t enough to prompt police to arrest you on this charge – a California drunk in public charge means that police believed you were intoxicated enough to pose a danger to yourself or others.

According to California Penal Code Section 647(f), it is illegal to be in any public place under the influence of alcohol or drugs in such a condition that you are unable to exercise care for your own safety or the safety of others, or to interfere with, obstruct or prevent the free use of any street, sidewalk, or other public way.

In some cases, police may opt to place an individual arrested for drunk in public in civil protective custody for up to 72 hours. This allows the individual to be evaluated and will be a bar to further prosecution.

It’s possible to fight this charge on several fronts. If police determined your blood alcohol content (BAC) with a breath or blood test, both the test results and their significance can be challenged. In other words, the test may not have been accurate, and even if it was, does that mean that you met the legal definition of a person who posed a danger to yourself or others? This is only one of the defense strategies that is used by the savvy attorneys at the Kavinoky Law Firm.

Another potent weapon when fighting a drunk in public charge in California is the arresting officer’s own recollections. Just as in a drunk driving case, police tend to make notes of things that support the allegation that you were impaired, but under cross-examination, it’s possible to extract details that demonstrate that you didn’t pose a danger to anyone, and to challenge the accuracy of the officer’s recollection of the event.

Although a California public intoxication charge isn’t as serious as a DUI arrest, it’s still a criminal offense that carries repercussions as well as the threat of a criminal record. However, the skilled California defense lawyers of The Kavinoky Law Firm can help. We will aggressively defend you against a charge of drunk in public and fight to protect you from the unpleasant results of such a charge on your personal, professional, and emotional life. contact us today for a free consultation.

Alcohol Education Programs in Kings County, California

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.