Alcohol Education Programs in Ventura 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 Ventura County, California:

Ventura County DDP
(Service Provided: First Offender, 18 Month)
702 County Square Drive,
Ventura, California 93003
Phone: 805-658-4250; Fax: 805-658-4208

Ventura County DDP – Oxnard Center
(Service Provided: First Offender, 18 Month)
2651 South C Street,
Oxnard, California 93030
Phone: 805-385-1889; Fax: 805-385-6365

Ventura County DDP – Simi Valley
(Service Provided: First Offender, 18 Month)
4322 Eileen Street,
Simi Valley, California 93063
Phone: 805-584-4883; Fax: 805-584-4880

Ventura County DDP – Conejo Valley DDP
(Service Provided: First Offender, 18 Month)
72 Moody Court,
Thousand Oaks, California 91360
Phone: 805-777-3506; Fax: 805-777-3515

» 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 Contra Costa

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.

Contra Costa County Superior Court
725 Court Street, Martinez, CA 94553

Juvenile Hall Martinez
202 Glacier Drive, Martinez, CA 94553

Superior Court Concord – Traffic & Small Claims
2970 Willow Pass Road, Concord, CA 94519

Superior Court Pittsburg
45 Civic Avenue, Pittsburg, CA 94565

Superior Court Richmond
100 – 37th Street, Richmond, CA 94805

Superior Court Walnut Creek
640 Ygnacio Valley Road, Walnut Creek, CA 94596

» Contra Costa 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 Modoc

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.

Modoc County Superior Court
205 South East Street, Alturas, CA 96101

» Modoc 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 Sutter

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.

Sutter County Superior Court
446 2nd Street, Yuba City, CA 95991-5525

» Sutter 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

Jury Instructions

In California drunk driving trials and all other criminal cases, jurors take an oath to follow the law. The law in each particular criminal case is given to jurors in the form of jury instructions. The judge usually reads the instructions aloud and also gives the jurors a copy. Whether the instructions are issued before attorneys’ closing arguments or just before the jury retires to deliberate depends on the preference of the judge.

In California, the instructions issued in criminal trials are from CALJIC, or California Jury Instructions, Criminal. In addition to the CALJIC instructions, the attorneys for both sides can submit their own proposed jury instructions tailored to the specific facts of their cases. A skilled California DUI / DWI lawyer from The Kavinoky Law Firm will submit instructions designed to advance the client’s case.

The judge and attorneys will discuss the proposed instructions outside the presence of the jury. The prosecutor typically seeks instructions that are objectionable to the defense, and vice-versa. Each side presents arguments in regard to the instructions, and the judge rules on the final version.

One very important jury instruction that skilled California DUI / DWI defense lawyers rely upon is CALJIC No. 224 on circumstantial evidence. It reads as follows:

Circumstantial Evidence: Sufficiency of Evidence
Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty. If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable.

This instruction states that in cases supported by circumstantial evidence, the prosecution has the burden of proving each element of the case beyond a reasonable doubt, and if the circumstantial evidence points to more than one conclusion, the jury must accept the one that points to the defendant’s innocence.

This particular part of the jury instructions can be employed to cast doubt on every single item of circumstantial evidence in the prosecutor’s case. A knowledgeable California DUI / DWI defense lawyer will submit jury instructions designed to help the accused drunk driver advance his or her case and point jurors toward a verdict of not guilty.

Chemical testing is a key issue in every California DUI case. Accused drunk drivers often fear that if the machine says someone is above the legal limit, they are guilty, period. However, there are many challenges to the validity of blood, breath and urine tests in driving under the influence cases. An experienced DUI defense attorney from The Kavinoky Law Firm has an arsenal of proven strategies available to attack the results of chemical tests in driving while intoxicated cases.

Most California DUI arrests result in two separate charges – violation of the “common law” drinking and driving laws, and violation of the “per se” laws. Common law drunk driving charges hinge on whether the motorist was impaired by alcohol and/or drugs, and was unable to operate a vehicle with the same caution as a sober person.

A per se charge focuses solely on whether the driver’s blood or breath alcohol content (BAC) was above the legal limit, now.08 percent in all 50 states. When attempting to prove a per se charge, the prosecutor focuses on the driver’s BAC and per se do not attempt to prove that the driver was impaired or affected by alcohol.

Chemical testing of the blood, breath or urine is therefore central to the per se charge, where the defendant is accused of driving above the legal limit. However, chemical tests are also a critical aspect of the common law drunk driving case, which focuses on whether or not the driver was impaired. This is because many experts believe that all drivers are impaired once they are above a certain BAC.

Some forensic experts believe that everyone is impaired when their BAC reaches.10 percent, some .08 percent, and the most conservative think that everyone is under the influence at .05 percent BAC. Therefore, it is vital that a DUI defense lawyer be able to successfully address these issues to advance their client’s cause.

Chemical testing is so critical in California DUI  cases that both the DMV and the courts punish drivers who refuse to submit to chemical testing when lawfully requested after a drunk driving arrest. For example, a refusal to test following a drunk driving arrest may result in a driver’s license suspension of one year for a first offense DUI.

In a drunk driving court case, a chemical test refusal is a “special allegation” that, if proven, results in mandatory jail terms, lengthier alcohol education programs, and a jury instruction that allows jurors to consider the refusal to test as consciousness of guilt.

Chemical testing in drunk driving cases or DUI drug arrests involves the testing of bodily fluids – blood, breath, or urine. In most states, when someone is accused of driving under the influence of alcohol, he or she has a right to take either a breath or a blood test.

Where driving under the influence of drugs is suspected, the chemical test choices will usually include blood or urine. Generally, there is no right to a urine test in drunk driving cases. Urine testing in drinking and driving cases has been deemed too unreliable to withstand courtroom challenges.

There are many effective defense challenges to chemical tests in drunk driving cases. While a chemical test may accurately determine BAC at the time of testing, it is not conclusive evidence of BAC at the time of driving. Remember, it isn’t against the law to exceed the legal limit while in a police station; the crime is driving under the influence, or driving above the legal limit, not having a BAC above the legal limit at a later time. Because alcohol levels change over time, this is a critical point to understand.

Chemical testing for alcohol or drugs isn’t always accurate – far from it. There are challenges to breath tests, forensic blood tests, and forensic urine tests. Testing in DUI drugs cases is even more challenging than testing for alcohol levels in a drunk driving case. Drug tests search for metabolites in the blood or urine, not the drug itself. Plus, there are no “per se” limits in drug cases, and because of the time in which many drugs stay in the system, it is incredibly difficult to demonstrate that a person was impaired at the time of driving.

Many drivers accused of DUI believe that a chemical test that shows a BAC greater than .08 percent means a slam-dunk conviction, but that’s simply not the case. However, effectively fighting a driving under the influence case isn’t for amateurs. It’s critical to consult with a California criminal defense attorney with experience fighting drunk driving cases. A skilled attorney can challenge the results of blood, breath, or urine tests, and plan a strategy to fight a drunk driving case.

Drivers arrested for DUI / DWI who refuse to take chemical tests face consequences both in court and with the Department of Motor Vehicles. The refusal can be used to suspend or revoke the person’s driving privileges in a separate DMV action. And although refusing a chemical test means there is no evidence of a driver’s blood alcohol content (BAC) to introduce at trial, the refusal can be brought as a separate criminal charge, and the fact that the person refused a chemical test can be used as evidence of “consciousness of guilt.” Fortunately, the skilled defense attorneys of The Kavinoky Law Firm have strategies available to diminish or even eliminate the repercussions of a chemical test refusal.

The most immediate consequences of a chemical test refusal in a California DUI / DWI case will likely occur at the DMV. For a first offense with refusal, the offender’s driver’s license will be suspended for one year, with no opportunity to receive a restricted license.

The penalties are even harsher for multiple drunk driving offenses. Although the Department of Motor Vehicles will suspend the driver’s license of an individual charged with DUI / DWI even if the driver submits to a chemical test, the suspensions are longer for those who refuse.

In a second-offense DUI / DWI case within 10 years of a prior offense, the driver’s license will be suspended for two years. For a third offense within 10 years, the driver’s license will be suspended for three years. For a fourth offense within 10 years, the punishment is the same whether or not the driver refused a chemical test: A four-year revocation of the individual’s driver’s license.

Courts also punish accused drunk drivers for refusing to submit to a chemical test if the prosecutor files the refusal as a separate criminal charge. If the accused DUI / DWI driver isn’t specifically charged with refusal, the court cannot increase the punishment. The refusal must also be proven beyond a reasonable doubt, just like the driving under the influence charge. Further, a person must first be found guilty of the underlying offense of drunk driving in order to be found guilty of refusal.

If the driver is found guilty of both DUI / DWI and refusal to submit to a chemical test, the punishment meted out will depend on the number of prior offenses. The driver may face additional jail time and a longer alcohol education program. This jail time is in addition to any other term imposed by the court.

For a first-offense DUI / DWI with chemical test refusal, the driver faces an additional 48 hours in jail. For a second offense, a refusal means 96 hours of jail. On a third offense with refusal, the penalty is 10 days in jail. For a fourth offense, the jail time is 18 days.

Because of the harsh penalties imposed, it’s in the driver’s best interest to submit to a chemical test when arrested for drunk driving or driving under the influence of drugs, but that’s not always what happens. A lawyer who is well-versed in the consequences of chemical test refusal may be able to ease sanctions against drivers who refuse the test.

Most people who are convicted of a DUI / DWI in California will face jail time, fines, driver’s license suspensions, among other punitive orders. Of the more novel orders is the ignition interlock device. In some cases the ignition interlock device will be mandatory, and at other times, it may be a choice for the driver. A DUI / DWI lawyer will be in a position to assess the viability of the ignition interlock device for their client.

The ignition interlock device attaches to the ignition of a car. A driver will blow into a small alcohol sensor unit that will measure for alcohol on the breath. If there is a certain amount of alcohol on the driver’s breath the car will not start. The BAC of a driver can be adjusted on the device. The device can be set to accept any BAC below .04 percent, but to shut the car down if there is any more than .04 percent alcohol in the driver’s system. The appropriate BAC setting will be determined between a California criminal defense attorney, the judge and the prosecutor.

The ignition interlock device is a sophisticated mechanism that is built to withstand tampering. Furthermore, the device keeps an internal record every time it is removed from its power source in the car. If the device is mandatory, a driver will be penalized for removing it without just cause.

The device is also designed to test the driver’s breath while driving is in progress. Without this feature, a drunk driver may be able to have a sober person blow into the device to get a car started. Therefore, drivers may be required to engage in “rolling re-tests” as they drive. If the BAC spikes above allowed levels during driving, the car will shut down.

The ignition interlock device has been lauded by California DUI / DWI attorneys as well as lawyers from many other states where the popularity of these devices is growing. Studies have shown that where the ignition interlock device has been used, there are fewer repeat offenders. When there are fewer repeat offenders, society benefits. Roads are safer and the court systems are not so clogged with offenders coming in and out on probation violations.

If you believe that the ignition interlock system may be right for you, contact a qualified DUI / DWI lawyer to see if you are eligible to use it. The ignition interlock device can make life easier for a person with a restricted or suspended license if use of the device can eliminate the need for such restrictions or suspensions.

Alternative sentencing options for a DUID conviction

Driving under the influence of marijuana in California is a serious offense that carries severe penalties. Hiring an experienced California DUI criminal attorney who knows what types of alternative sentencing options are available is the key to avoiding a county jail or state prison sentence.

Private jail or “city jail” allows an individual who has been convicted of driving under the influence of drugs (DUID) to serve their jail sentence in a non-threatening environment. Although they do charge a fee, their accommodations are much nicer than county jail, they offer rooms instead of cells and those who stay there are permitted to bring books or laptop computers. The down side is that an individual who opts for private jail will most likely be required to serve his or her entire sentence without receiving the benefit of early release credits.

Community service or labor is often available to an individual convicted of this charge. Cal-Trans (picking up trash on the side of the freeway) or graffiti removal are typically offered, although community service may be alternatively assigned if the defendant has a medical issue that prevents this type of labor. “Good time” credits are not usually offered under this option either.

Work Release and work furlough programs are offered in some counties, which allow an individual to perform some type of labor (which is assigned based on physical abilities) and then return to either their homes or a dorm-like setting at night.

Drug treatment is an option for those who suffer from a drug problem as opposed to an occasional user who was caught driving. Living in an authorized drug rehabilitation center may allow an individual to serve his or her jail sentence while in rehab, receiving credits toward any imposed fine for any time that the individual resides in the facility over his or her required sentence. Such a program may even be covered by one’s health insurance. Residing in a sober living environment will also allow an individual to receive credit towards a jail sentence and/or fine. The main difference (and benefit) of sober living versus rehab is that many residents of sober living environments are permitted to work and otherwise leave the residence during the day.

Electronic monitoring (also known as “house arrest”) takes place when an individual is fitted with an ankle-bracelet that electronically keeps track of his or her whereabouts. Although one allowed this opportunity is typically expected to remain in his or her home for the duration of the sentence, an individual may be permitted to work, do laundry, shop for groceries, do other personal errands and attend court and other court-ordered programs, if pre-approved by the probation department.

It should be noted that not all of the sentencing alternatives listed above will be available in every case or in every county. These options vary between counties, between courthouses and even between judges, which is why it is vital that the accused contacts a criminal defense lawyer who is familiar with the local practices and who can answer questions about each type of alternative. The exceptional D.U.I.D. attorneys at The Kavinoky Law Firm have law offices throughout California, including several in and around the Los Angeles area, making them conveniently located for anyone who has been charged with driving under the influence of marijuana. Because of their state-wide presence, they know the local customs and practices, which gives their clients a tremendous advantage over out-of-area attorneys. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Alcohol Education Programs in Colusa 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 Colusa County, California:

Colusa County DDP
(Service Provided: First Offender, 18 Month)
162 E. Carson Street,
Suite B,
Colusa, California 95932
Phone: 530-458-0516; Fax: 530-458-8028

» 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.