Category: Driving Under the Influence

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

The four main types of evidence

California’s driving under the influence of marijuana cases are basically investigated and prosecuted like any other driving under the influence cases in this state. Once an officer detains a suspect, he or she focuses on several types of circumstantial evidence that he or she uses to arrest or release the driver. Although there are some differences between a “drunk driving” investigation and a DUI investigation that involves drugs, the similarities are substantial and include an observation about the driver’s driving pattern, his or her physical signs and symptoms and his or her performance on the field sobriety tests. Because of the ways in which these types of cases are routinely prosecuted, an individual accused of driving under the influence of marijuana needs an attorney who knows what to expect so that he or she can anticipate the appropriate defenses that will most likely result in a favorable outcome for the accused.

Testimony about the accused individual’s driving pattern is often one of the first types of evidence that the judge and jury will hear. The prosecutor typically has the arresting officer testify about all of the ways that he or she believed that the driver drove improperly or unsafely due to his or her drug impairment. With respect to impairment, it should be noted that one will be declared “under the influence” of marijuana if, as a result of the drug, the driver’s nervous system, brain or muscles were impaired (to an appreciable degree) in that he or she no longer had the ability to drive a car in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties and using reasonable care, would have under similar circumstances.

Physical signs and symptoms of impairment are also heavily relied on by the arresting officer and prosecutor. The officer will testify that the driver displayed “the signs and symptoms that are characteristic of an impaired person”. An example of these, as they pertain to marijuana use, may include red eyes, a foul odor emanating from the driver’s breath, limited attention span and poor physical coordination.

Field sobriety test or “FST” performance is usually what the arresting officer ultimately bases his or her opinion on when he or she determines that the driver is guilty of driving under the influence. It is also the point during the trial where the prosecutor has the arresting officer spend the most time trying to convince the judge and jury that the defendant is guilty of the charged offense. An experienced D.U.I. criminal attorney expects that the arresting officer will go into detail about each and every thing that the accused did wrong while performing these tests and will commonly rebut the evidence by asking the officer to also detail everything that the driver did correctly.

Chemical tests are one of the main differences between an alcohol-related DUI and a marijuana-related DUI. When arrested for “drunk driving” in California, the accused has a choice between taking a blood or breath test. When arrested for DUID (driving under the influence of drugs), the accused has a choice between a blood or urine test. If the test comes back positive for marijuana use, the prosecutor will be sure to tell the judge and jury that the presence of marijuana confirmed the officer’s opinion that the driver was impaired at the time of driving. A skilled defense lawyer knows that this is an incorrect statement and will ensure that the judge and jury understand that a test indicating use is not the same as a test indicating impairment.

The outstanding attorneys at The Kavinoky Law Firm know the most convincing arguments to challenge this type of evidence and have successfully defended countless clients against this charge. To learn more, contact one of their exceptionally qualified attorneys today for a free case evaluation.

Alcohol Education Programs in Kern County, California

Alcohol Education Programs in Kern 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 Kern County, California:

S.T.E.P.S.
(Service Provided: First Offender, 18 Month)
3533 Mount Vernon Avenue,
Bakersfield, California 93306
Phone: 661-871-3353

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
324 Oak Street,
Suite A,
Bakersfield, California 93304
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
525 Bear Mountain Boulevard,
Arvin, California 93203
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
623 Main Street,
Delano, California 93215
Phone: 661-322-8862

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
511 Central Valley Hwy.,
Shafter, California 93263
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
210 East Center Street,
Taft College Westec, Taft, California 93268
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
443 West Church Street,
Ridgecrest, California 93555
Phone: 760-371-9412; Fax: 760-384-4969

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
15666 K Street,
Mojave, California 93501
Phone: 760-371-9412; Fax: 760-384-4969

» 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 Plumas County, California

Alcohol Education Programs in Plumas 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 Plumas County, California:

Plumas County DDP
(Service Provided: Service Provided: First Offender, 18 Month)
711 East Main Street,
Quincy, California 95971
Phone: 530-283-6316; Fax: 530-283-4420

» 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 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 Case

Getting arrested on suspicion of DUI 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 court, and at the DMV. The knowledgeable DUI / defense lawyers at the Kavinoky Law Firm can help drivers navigate through both the DMV hearing and the court case.

The first stage in any DUI  court process is the arrest. Most arrests for a misdemeanor driving under the influence case occur when police observe signs of intoxication in the driver’s physical appearance and/ or erratic driving patterns. These observations form the basis of “probable cause,” which is the legal basis for the arrest.

Once arrested, a driver may be held in custody and must post bond to be released, unless released on his or her own recognizance, or OR. Bond, otherwise known as bail, is like an insurance policy guaranteeing the driver’s appearance at the next court date. The amount of bail is determined by a judge, based on the seriousness of the offense.

If held in custody, then a driver must be arraigned within 48 to 72 hours after the arrest, unless it occurs on a weekend, in which case it can be extended for one day. If the driver is not held in custody, the arraignment will be set at a later date.

At the arraignment, the judge will advise a driver of the pending charges, and the individual will be read his or her rights. The rights afforded to criminal defendants include the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to receive evidence to be used against the individual in the criminal proceeding. Also, at this time, a driver will be asked to enter a plea before the court. Possible pleas include not guilty, nolo contendere – commonly known as no contest – or guilty.

The next step in the court process is to submit pretrial motions. Pretrial motions may be submitted at the arraignment, but it is also customary for the pretrial motions to be heard at a later hearing date. Common pretrial motions include a motion to suppress evidence, discovery motions, motions to dismiss, and other motions in limine.

At some point during this process, a prosecutor may offer the driver a plea bargain, which gives the defendant an opportunity to plead guilty to a lesser charge. Sometimes taking a plea bargain is a good idea, sometimes it’s not. An experienced DUI lawyer can evaluate an individual case to determine whether a plea bargain is a good deal.

The final stage of the court process is the trial. Once a trial date is set, it is usually expressed as a “0 of 10 date” meaning that the DUI defendant’s speedy trial rights will not be violated if the trial begins on the trial date, or within 10 days of that date. If the trial does not begin on or before the expiration of the last day for trial, the case must be dismissed. If the last day for trial falls on a weekend day or holiday, the next court day is the last day.

Once the trial begins, both the defense attorney and prosecutor participate in selecting a jury. During this process, they engage in voir dire, or the examination of prospective jurors, to determine the juror’s qualifications for service. At this time jurors may be excused “for cause” or at the discretion of the attorneys, which is known as a peremptory challenge. Once the jury is chosen, the trial begins.

DUI trials usually last several days. At the trial, both the defense and the prosecution give opening statements, directly examine their own witnesses, cross examine the opposing witnesses, and finally give closing arguments. The judge then gives the jury instructions on how to apply the facts of the case to the law.

The next step is jury deliberation. The jurors are excused to the jury room, where they are given their first opportunity to discuss the facts of the case. When the jury concludes deliberation, they announce their verdict to the court – guilty or not guilty. Although the jury decides on a verdict, it does not determine the defendant’s sentence. The judge decides the appropriate punishment, which can be set by law, and may be enhanced by the facts of the case.

Although our justice system is designed to protect both the defendant and the public, the defendant needs someone looking after his or her best interests. A California attorney who focuses on defending DUI cases can ensure that anyone accused of drunk driving receives the fairest treatment possible in the court system.

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.