Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Non-Standardized Field Sobriety Tests

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.

DUI Punishment in Federal Court

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.

Alcohol Education Programs in Alameda County, California

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

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.

Alcohol Education Programs in San Benito County, California

Alcohol Education Programs in San Benito 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 San Benito County, California:

Lifestyle Management Drydock II
(Service Provided: Service Provided: First Offender, 18 Month)
321 1st Street,
Suite A,
Hollister, California 95023
Phone: 831-636-0411; Fax: 831-636-0689

» 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 Sutter County, California

Alcohol Education Programs in Sutter 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 Sutter County, California:

Pathways
(Service Provided: First Offender, 18 Month)
430 Teegarden Avenue,
Yuba City, California 95991
Phone: 530-674-4075; Fax: 530-674-4544

» 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.

Superior Court Of California, County of Alameda

Superior Court Of California, County of Alameda

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.

Superior Court, René C. Davidson Alameda County Courthouse
1225 Fallon Street, Oakland, CA, 94612

Superior Court, County Administration Building
1221 Oak Street, Oakland, CA 94612

Superior Court, U.S. Post Office Building
201 – 13th Street, Oakland, CA 94612

Wiley W. Manuel Courthouse
661 Washington Street, Oakland, CA 94607

Superior Court, Allen E. Broussard Justice Center
600 Washington Street, Oakland, CA 94607

Superior Court, County Probation Center
400 Broadway, Oakland, CA 94607

Berkeley Courthouse
2120 Martin Luther King, Jr. Way, Berkeley, CA 94704

Superior Court, George E. McDonald Hall of Justice
2233 Shoreline Drive, Alameda, CA 94501

Superior Court, Hayward Hall of Justice
24405 Amador Street, Hayward, CA 94544

Superior Court, County Juvenile Hall
2200 Fairmont Drive, San Leandro, CA 94578

Superior Court, Fremont Hall of Justice
39439 Paseo Padre Parkway, Fremont, CA 94538

Superior Court, Gale/Schenone Hall of Justice
5672 Stoneridge Drive, Pleasanton, CA 94588

» Superior Court Of California, County of Alameda 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 Madera

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

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

Defense Closing Argument

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.