Drivers under investigation for DUI / DWI in California are typically given a field sobriety test before being arrested. These physical agility exercises, which are usually given next to a busy freeway or on the street, aren’t tests in the traditional sense, because they’re designed to be failed. Their real purpose is to establish probable cause for a drunk driving arrest and to generate evidence for a court case. However, the skilled attorneys from The Kavinoky Law Firm can effectively challenge field sobriety tests and other evidence in a drunk driving case to create reasonable doubt of the driver’s guilt.

Field sobriety tests fall into two categories: Standardized and Non-standardized. The National Highway Transportation Safety Administration (NHSTA) has standardized three field sobriety tests – the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test, and the One-leg Stand Test. Because these three tests have been recognized by the NHSTA, they carry more weight in court than non-standardized tests, but a skilled attorney can successfully challenge the results of standardized field sobriety tests in court.

Field sobriety tests reputedly assess the mental and physical impairment caused by alcohol intoxication, but most of the so-called signs and symptoms of alcohol impairment can be traced to physical problems unrelated to alcohol use.

Alcohol causes both mental and physical impairment, but mental impairment always takes place before physical impairment occurs. Physical impairment can be masked by individuals with a high tolerance for alcohol, but mental impairment cannot be disguised. Therefore, if a driver suffers from physical difficulties but no mental impairment, the physical problems were caused by a source other than alcohol.

In order to return a DUI / DWI conviction, every juror must be convinced of the driver’s guilt beyond a reasonable doubt. A skilled attorney knows that the reliance of field sobriety tests on physical agility poses serious problems for prosecutors, and creates reasonable doubt in the minds of jurors.

There are many issues unrelated to alcohol use that can cause physical impairment, such as illness, injury, fatigue, or nervousness. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will take a complete medical history to determine whether causes other than alcohol may have contributed to any impairment, and use this information to challenge the results of a field sobriety test.

A DUI / DWI charge in California will result in two separate cases even though it involves only one incident. A driver faces a California DMV case and a criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified DUI / DWI lawyer can handle both aspects of the case.

In the criminal case the judge will have the discretion to punish the offender in ways that can help society and the offender who was guilty of driving while driving under the influence. An attorney experienced in defending drunk driving cases can often achieve results for clients that allow the client to improve his or her life following what can be a traumatizing event.

Common punishments for driving under the influence of alcohol in California are jail time, fines, and license suspensions. In some cases however, the courts and the legislature have come up with other ways to punish people convicted of DUI / DWI. These methods are known as alternative sentencing. They include community service, ignition interlock devices, electronic monitoring, and sober living environments.

A sober living environment is generally a place for someone who is coping with a drug or alcohol problem. If a person is a multiple offender and has not been able to benefit from other treatment, a sober living environment may be the right place. A person who stays at a sober living environment may be able to be credited for jail time. One day in sober living will be credited towards one day of a jail sentence. A California DUI / DWI attorney will fight to make arrangements for sober living if the situation warrants it.

Inside the sober living environment, people must participate in structured daily activities and chores. The people living in a particular sober environment are responsible for the place they live in and must abide by the rules. Alcohol addiction education and treatment will also be available in sober living environments. Sober living environments can help individuals with substance abuse address their problems among people struggling with the same issues. For many individuals, stays in sober living homes help to eventually solve a long-term problem with alcohol or drugs.

If a person is staying in a sober living environment, not only will days spent there be credited towards jail time, but the cost of living there will also be credited towards fines that the court may have imposed on the driver. The court has the discretion to make such arrangements. Typically a California criminal defense attorney will provide the judge with good reasons to allow the fines to be credited for money spent on sober living.

For some individuals, sober living environments a better and healthier alternative than jail or even house arrest. An experienced California DUI / DWI defense attorney can provide more information about the viability of sober living environments for their clients.

A California driving under the influence of marijuana trial consists of six phases: jury selection, opening statements, witness testimony and cross-examination, closing arguments, jury instruction and jury deliberations. An individual accused of this offense should immediately contact an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) cases who will exude competence and skill during the trial (as well as during all other proceedings) at all times.

Jury selection is, perhaps, the most important phase of a DUI trial, as this is where the attorneys make their first impressions on the jurors. The judge (and usually the prosecutor and defense attorney) have the opportunity to question the jurors about their attitudes, beliefs and biases as they relate to driving under the influence and marijuana use in general. After hearing the responses, both attorneys have the right to ask the judge to excuse jurors “for cause,” which means that the juror cannot fairly judge that trial or on a “peremptory” basis, which means that the attorney can ask the judge to excuse the juror for any non-discriminatory reason.

Opening statements are the attorneys’ first opportunity to tell the chosen jury what they expect the evidence to show. This is where the jurors are basically given a “preview” of what is to come. No witnesses, evidence or arguments are permitted during this phase. The prosecutor (who bears the “burden of proof” which, in a criminal trail, is “beyond a reasonable doubt”) gives his or her statement first and then the defense lawyer may either give his or her opening statement, reserve it until the prosecutor has concluded his or her case or may waive it altogether.

Witness testimony and cross-examination comprises the bulk of the trial. Also known as the “case-in-chief,” it is the part of the trial where each side presents their witnesses and evidence, has a chance to cross-examine the other party’s witnesses and has a chance to rebut the other’s evidence. This is where the arresting officer testifies about the defendant’s driving pattern, his or her physical appearance, the field sobriety tests and any chemical test results. Again, because the prosecutor bears the burden, he or she goes first. It should be noted that the defense has no burden in a criminal trial, which means that the defendant does not have to put on a case and may simply choose to rebut evidence that the prosecution presents.

Closing arguments is when the attorneys “argue” their version of the events. The prosecution attempts to show why he or she has met the burden of proving the defendant guilty, and the defense lawyer argues that the prosecutor didn’t meet that burden. He or she then argues all of the defenses that were applicable to the case. This is both attorneys last chance to speak to the jurors before they return their verdict. The prosecutor goes first, followed by the defense and is then given a final opportunity to rebut the defense’s argument.

Jury instruction consists of the judge telling the jurors what laws they must follow when judging the defendant. Before the jurors are instructed, both parties meet with the judge to decide which instructions will apply. Once the instructions are read, the case “goes to the jury”.

Jury deliberations take place when the jury meets, in private, to discuss the evidence and defenses that were presented. This is their first opportunity to discuss the case, as they have been forbidden from doing so up until this point. California D.U.I.D. trials require that the accused must be unanimously found guilty in order to be convicted. If even one juror disagrees with that verdict, the judge declares a “mistrial” and may either order the case to be re-tried (typically unlikely in a misdemeanor DUI) or may dismiss it entirely.

The outstanding California DUID attorneys at The Kavinoky Law Firm know the most effective ways to prevail during trial. To learn more, contact them today for a free consultation.

Alcohol Education Programs in Imperial 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 Imperial County, California:

Imperial Valley Safety Services
(Service Provided: First Offender)
480 Olive Avenue,
Suite 3A,
El Centro, California 92243
Phone: 760-353-7780; Fax: 760-353-7784

Sober Road, Inc.
(Service Provided: 18 Month)
395 Broadway Avenue,
Suite 11,
El Centro, California 92243
Phone: 760-352-8888; Fax: 760-352-8517

» 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 Orange 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 Orange County, California:

School Ten, Inc.
(Service Provided: 18 Month)
1136-B N. Gilbert Street,
Anaheim, California 92801
Phone: 714-772-3620; Fax: 714-490-6133

School Ten, Inc.
(Service Provided: 18 Month)
2384 E. Orangethorpe Avenue,
Anaheim, California 92806
Phone: 714-871-9460; Fax: 714-871-5067

School Ten, Inc.
(Service Provided: 18 Month)
9555 Garfield Avenue,
Suite J,
Fountain Valley, California 92708
Phone: 714-964-1412; Fax: 714-964-2862

School Ten, Inc.
(Service Provided: 18 Month)
1772 S. Main Street,
Santa Ana, California 92707
Phone: 714-547-7571; Fax: 714-547-0774

School Ten, Inc.
(Service Provided: First Offender, 18 Month)
6156 Garden Grove Boulevard,
Westminster, California 92683
Phone: 714-891-3608; Fax: 714-897-4425

School Ten, Inc.
(Service Provided: 18 Month)
1111 Town & Country,
Suite 25,
Orange, California 92868
Phone: 714-550-0988; Fax: 714-550-9464

Gold Coast Counseling Center, Inc.
(Service Provided: 18 Month)
2950 Airway Avenue,
Suite B3,
Costa Mesa, California 92626
Phone: 714-641-0532

Gold Coast Counseling Center, Inc.
(Service Provided: 18 Month)
26081 Merit Circle,
Suite 123,
Laguna Hills, California 92653
Phone: 949-347-8885

Academy Of Defensive Driving, Inc.
(Service Provided: 18 Month)
31726 Rancho Viejo Road,
Suite 120,
San Juan Capistrano, California 92675
Phone: 949-240-0115; Fax: 949-443-5018

Academy Of Defensive Driving, Inc.
(Service Provided: First Offender)
2000 Quail Street,
Newport Beach, California 92660
Phone: 949-752-0710; Fax: 949-752-0705

National Council On Alcoholism
(Service Provided: First Offender, 18 Month)
22471 Aspan Street,
Suite 103,
Lake Forest, California 92630
Phone: 949-770-1191; Fax: 949-770-4660

Santa Ana DDP
(Service Provided: First Offender, 18 Month)
1631 North Bristol Street,
Suite 300,
Santa Ana, California 92706
Phone: 714-835-4252; Fax: 714-560-1680

National Traffic Safety Institute
(Service Provided: First Offender)
2100 East 4th Street,
Suite 110,
Santa Ana, California 92705
Phone: 714-953-5200

K.C. Services, Inc.
(Service Provided: First Offender)
1060 Brookhurst Road,
Fullerton, California 92833
Phone: 714-449-1339; Fax: 714-449-1289

ABC Traffic Programs
(Service Provided: First Offender)
1501 N. Raymond Avenue,
Suite C-D,
Anaheim, California 92801
Phone: 714-563-8999; Fax: 714-563-8995

ABC Traffic Programs
(Service Provided: First Offender)
2901 W. MacArthur Boulevard,
Suite 207,
Santa Ana, California 92704
Phone: 714-429-9909; Fax: 714-429-9911

» 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 Sierra 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 Sierra County, California:

Sierra County DDP
(Service Provided: First Offender)
704 Mill Street,
Loyalton, California 96118
Phone: 530-993-6746; Fax: 530-993-6741

» 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 DMV Hearing Process

At the Department of Motor Vehicles hearing, the DMV carries the burden of proof. This means that they must answer all three issues in the affirmative. The evidentiary standard is the preponderance of the evidence. This low legal standard is applicable in administrative civil hearings such as the DMV hearings. At the hearing, the judge who occupies the role of prosecutor too, will to begin entering into evidence the arresting officer’s statement and other evidentiary documents.

A DUI / DWI defense attorney will work to keep the police statement and other documents out of evidence. The attorney will rely primarily on the hearsay objection. A document is can be considered hearsay when a “statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” That is the definition of hearsay in the Federal Rules.

Most states, including California, have hearsay rules that say substantially the same thing. What they say in lay terms is simply that a statement cannot be submitted into evidence unless the person, who made the statement, testifies to that statement in court while under oath. There are exceptions to the hearsay rule. If a police officer files a statement during the course of official duty, the report can be submitted in as evidence. However, if the arrest was unlawful in any way, then the officer was acting outside of the course of official duty. If the officer was acting outside of official duties, the exception to the hearsay rule does not apply, and therefore officer statements may be inadmissible.

If a police report is incomplete or incorrect in some ways, then the document will be inadmissible. But these reports are not the only things that can be submitted into evidence. Forensic alcohol experts may be called to testify. Their testimony will be based on the science related alcohol absorption and elimination and a driver’s BAC at the actual time of driving.

Witnesses may testify at Department of Motor Vehicles hearings. A defense attorney skilled in drunk driving cases will decide if this is the best approach. Oftentimes witness testimony is not required. Generally, witness statements can be substituted by declarations. Declarations are sworn written statements.

Title 17 requires that blood and breath tests be trustworthy and have established rules related to the establishing the trustworthiness of these chemical tests. A California criminal defense attorney with vast experience in DUI / DWI cases can attack the evidence as being untrustworthy. If the tests are proven to be untrustworthy, they will be inadmissible and would result in a non-suspension of driving privileges.

Once the all admissible evidence has been put on the record, the judge will take the case under submission. The judge will hand down one of two possible rulings. The case may be set aside which means there will be no suspension or limitations on will be placed on the driver’s license.

If the case is not set aside, then the driver’s license will face revocation, suspension, or some sort of restriction. It is likely that the driver will be ordered to attend and successfully complete alcohol education classes. The length of suspension and degree of restriction on a license is dependant on the driver’s history. Past DUI or violations will increase the sanctions. Furthermore, a driver may be required to file formal proof of insurance with the DMV. This is done with the filing of an SR-22 form.

Superior Court Of California, County of Inyo

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.

Inyo County Superior Court
168 North Edwards Street, Post Office Drawer U, Independence CA 93526

» Inyo 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 San Joaquin

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.

Stockton Courthouse
222 E. Weber Avenue, Stockton, CA, 95202

Juvenile Justice Center
535 West Mathews Road, French Camp, CA 95231

Lodi Branch
315 W. Elm Street, Lodi, CA 95240

Manteca Branch
315 E. Center Street, Manteca, CA 95336

Tracy Branch
475 E. 10th Street, Tracy, CA 95376

» San Joaquin 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

Court Punishment: Fines

Drivers convicted of DUI / DWI face court penalties that include jail time, license restrictions, alcohol education classes, and fines. A California lawyer experienced in defending drunk driving cases can work to keep fines and other consequences to a minimum.

California has two factors that impact the fine amount paid by a defendant in a drunk driving case – “penalty enhancements,” and whether the crime is charged as a misdemeanor or a felony. Both penalty enhancements and a felony designation can add substantially to the amount the driver must pay.

California’s penalty enhancement increases fines nearly threefold. The penalty assessment is now 171 percent of the fine, meaning that on a $100 fine, the total payment is $271. The enhancement is applied to other traffic infractions and crimes in California, but because fines levied in drinking and driving cases are already relatively high, the total amount a defendant is charged can seem exorbitant.

Whether the offense is charged as a misdemeanor or a felony also has an impact on the amount of the fine. Most first- and second-time DUI / DWIs in California are charged as misdemeanors, unless there is an accident or an injury involved. Fourth-time DUIs, and those that involve injury to someone other than the driver are always charged as felonies.

For a misdemeanor drunk driving conviction, a driver will be ordered to pay a fine ranging from $390 to $1,000, plus penalty enhancements.

In a felony DUI case, the amount of the fine will depend on whether the driver is placed on probation. If probation is granted, fines range from $390 to $1,000. If probation is not granted, a judge can impose a fine of $390 to $5,000.

For drivers convicted of reckless driving who accept probation, a judge has the discretion to impose no fine, but can levy a payment of up to $1,000. If probation is not granted, fines range from $145 to $1,000.

Because fines levied in California DUI / DWI cases can be so punitive, it’s important to have experienced legal representation. An attorney who concentrates on drunk driving cases can minimize the consequences by launching an aggressive defense in each case.