Category: Driving Under the Influence

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Alcohol Education Programs in San Bernardino County, California

Alcohol Education Programs in San Bernardino 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 Bernardino County, California:

Valley Improvement Programs, Inc.
(Service Provided: Service Provided: First Offender, 18 Month)
210 West B Street,
Ontario, California 91762
Phone: 909-983-3665; Fax: 909-481-5368

Valley Improvement Programs, Inc.
(Service Provided: First Offender, 18 Month)
8540 Archibald Avenue,
Suite A,
Rancho Cucamonga, California 91730
Phone: 909-987-4036; Fax: 909-481-5368

Valley Improvement Programs, Inc.
(Service Provided: First Offender, 18 Month)
1589 West 9th Street,
Suite E,
Upland, California 91786
Phone: 909-985-2785; Fax: 909-481-5368

Jackson-Bibby Awareness Group, Inc.
(Service Provided: First Offender, 18 Month)
1200 Arizona,
Suite 10,
Box B10 Redlands, California 92374
Phone: 909-792-6925; Fax: 909-792-6670

Jackson-Bibby Awareness Group, Inc.
(Service Provided: First Offender, 18 Month)
14420 Civic Drive,
Suite 3,
Victorville, California 92392
Phone: 760-241-3300; Fax: 760-241-3304

Jackson-Bibby Awareness Group, Inc.
(Service Provided: First Offender, 18 Month)
222 East Main Street,
Suite 218,
Barstow, California 92311
Phone: 760-256-6114; Fax: 760-256-9517

Social Science Services, Inc.
(Service Provided: First Offender, 18 Month)
18612 Santa Ana Avenue,
Bloomington, California 92316
Phone: 909-824-1600; Fax: 909-877-9703

Clearview
(Service Provided: First Offender, 18 Month)
1898 Business Ctr. Drive,
Suite 101,
San Bernardino, California 92408
Phone: 909-824-2885; Fax: 909-824-2957

Needles Center For Change
(Service Provided: First Offender, 18 Month)
300 H Street,
Needles, California 92363
Phone: 760-326-4590; Fax: 760-326-3154

Morongo Basin Mental Health Choices DDP
(Service Provided: First Offender, 18 Month)
55475 Santa Fe Trail,
Yucca Valley, California 92284
Phone: 760-365-3022; Fax: 760-365-3513

Hase & Associates Systems, Inc.
(Service Provided: First Offender, 18 Month)
353 West 6th Street,
San Bernardino, California 92401
Phone: 909-888-0149; Fax: 909-888-7179

Pegasus DUI San Bernardino
(Service Provided: First Offender, 18 Month)
2282 N. Sierra Way,
San Bernardino, California 92405
Phone: 909-881-1570; Fax: 909-882-1315

Rehabilitation Alcohol Program, Inc.
(Service Provided: First Offender, 18 Month)
17205 Arrow Boulevard,
Fontana, California 92335
Phone: 909-356-9390; Fax: 909-356-0120

Alcohol Education & Recovery Services
(Service Provided: First Offender, 18 Month)
12560 Central Avenue,
Chino, California 91710
Phone: 909-591-4761; Fax: 909-902-5500

Dalton & Associates
(Service Provided: First Offender, 18 Month)
16200 Bear Valley Road,
Suite 111,
Victorville, California 92392
Phone: 760-241-1777; Fax: 760-245-2253

Operation Breakthrough, Incorporated
(Service Provided: First Offender, 18 Month)
40880 Pedder Road,
Big Bear Lake, California 92315
Phone: 909-866-5437; Fax: 909-866-8555

Rim Family Services
(Service Provided: First Offender, 18 Month)
28545 Highway 18,
Skyforest, California 92385
Phone: 909-336-1800; Fax: 909-336-0990

» 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 Tehama County, California

Alcohol Education Programs in Tehama 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 Tehama County, California:

Right Road
(Service Provided: First Offender, 18 Month)
645 Antelope Boulevard,
Suite 20,
Red Bluff, California 96080
Phone: 530-529-2445; Fax: 530-529-2027

» 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 Butte

Superior Court Of California, County of Butte

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.

Butte County Superior Court
One Court Street, Oroville, CA 95965-3303

Chico Courthouse
655 Oleander Avenue, Chico, CA 95926

Downtown Courthouse
1931 Arlin Rhine Drive, Oroville, CA 95965-3303

Gridley Courthouse
239 Sycamore Street, Gridley, CA 95948

Paradise Courthouse
747 Elliott Road, Paradise, CA 95969

» Butte 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 Mariposa

Superior Court Of California, County of Mariposa

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.

Mariposa County Superior Court
5088 Bullion Street, Mariposa, CA 95338

» Mariposa 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 Solano

Superior Court Of California, County of Solano

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.

Solano County Superior Court
Hall of Justice
600 Union Avenue, Fairfield, CA 94533

Vallejo Branch
321 Tuolumne Street, Vallejo, CA 94590

» Solano 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

Driver’s License Suspensions

California Criminal Defense Attorney – Driver’s License Suspensions

DUI / DWI convictions carry a host of penalties, including fines, jail sentences, mandatory alcohol education classes, and driver’s license suspensions. Because the penalties for drunk driving can be so severe, it’s important to be represented by an experienced California attorney who focuses on DUI / DWI defense.

In the past, the driver’s license could be ordered suspended by one of two entities – the DMV or the court. However, California passed new legislation that removed the court’s authority to suspend or revoke licenses on cases that occurred on or after Sept. 20, 2005. The authority to suspend California driver’s licenses now rests solely with the DMV.

To make things even more complex, the Department of Motor Vehicles can suspend a license based on the outcome of two separate events – a DMV administrative per se (APS) hearing or a criminal conviction.

After a drunk driving arrest, the DMV hearing is undoubtedly the most pressing concern as far as the driver’s license is concerned. A driver has only 10 days from the date of arrest, including weekends and holidays, to request an APS hearing. If the driver doesn’t request a hearing before the deadline passes, it’s very unlikely that one will be granted.

DMV hearings are unusual in that the DMV employee who presents the evidence (the “prosecutor”) and the DMV employee who weighs the evidence (the “judge) are the same person. The hearing administrator, who isn’t even a judge or a lawyer, decides the case based on a preponderance of the evidence, which is a much lower standard of proof than employed in a criminal trial. If the administrator concludes after looking at a police report and a chemical test result that a motorist was driving under the influence of alcohol, the license is suspended. That’s why it’s imperative to be represented by a qualified drunk driving defense lawyer at the APS hearing.

The new legislation brought changes to the way license suspensions are handled after a drunk driving criminal conviction. Under the new law, if the DMV receives notice that a driver has been convicted of a first-time DUI / DWI, it immediately suspends his or her license for six months. Previously, the court could order the license suspended, but only the DMV could actually restrict an individual’s driving privileges. Now the court has no authority over license suspensions.

As in other aspects of a DUI criminal case, there is a 10-year “washout” period for drinking and driving, meaning that any subsequent drunk driving arrests within 10 years of a first arrest are treated as multiple offenses with enhanced penalties. However, if 10 years pass after a first arrest, and the driver is again arrested on a drinking and driving crime, the later arrest is treated as a first-time DUI.

In the past, a driver whose license was suspended because of a first-time DUI / DWI conviction had to wait for one month to apply for a restricted license to drive to work and alcohol education classes. Under the new law, a first-offense DUI offender whose license is suspended by the DMV because of a drunk driving conviction can apply for a restricted license immediately.

For a second-offense DUI conviction, the DMV will suspend the driver’s license for two years, with the possibility of obtaining a restricted license after one year if the driver is enrolled in the appropriate alcohol education classes. Third- and fourth-offense drunk driving convictions will result in a three-year suspension, with the possibility of a restricted license after 18 months with enrollment in alcohol education classes.

A DUI / DWI with injury is charged as a felony and will result in longer license suspensions. A first-time DUI with injury will prompt the DMV to suspend the driver’s license for one year, with no opportunity for a restricted license. A second-offense DUI with injury will bring a three-year license suspension, with an opportunity for a restricted license after 18 months if the driver has completed an 18-month alcohol program.

One quirky aspect of California’s new drunk driving legislation affects individuals with commercial driver’s licenses – anyone convicted of DUI / DWI while driving a commercial vehicle whose non-commercial license suspended is not eligible for any type of restricted license. Additionally, any commercial driver convicted of a first-offense DUI loses his or her commercial license for one year. After a second offense, the commercial license will be revoked for life.

Because a DUI / DWI conviction can imperil an individual’s driving privileges, it’s essential to contact a California attorney experienced in drunk driving defense who can fight against license suspensions and other consequences of drinking and driving convictions.

Alcohol Absorption, Distribution, and Elimination

In California DUI / DWI cases, evidence about the driver’s blood alcohol content (BAC) can the most damning – or the most vindicating – evidence in court. To see why, it’s useful to understand how the body absorbs, distributes, and eliminates alcohol, and how a driver’s BAC is affected. The skilled DUI / DWI criminal defense lawyers at The Kavinoky Law Firm are well-versed in the science of alcohol metabolism and will use this information to challenge chemical test results and help a motorist fight a drunk driving case.

DUI / DWI prosecutors regard a driver’s chemical test results as one of the most important pieces of evidence in a California driving under the influence case. However, everyone metabolizes alcohol differently, so it is extremely difficult to look backward in time to accurately pinpoint BAC when the driver was behind the wheel. This difficulty increases with the passage of time, and becomes increasingly speculative.

In addition, the integrity of a blood test hinges on whether the sample was properly collected, stored, and tested. Clearly, for the DUI / DWI criminal defense attorney whose expertise lies in highlighting reasonable doubt as to any element of the criminal case, this becomes increasingly valuable.

When an individual takes a drink of alcohol, it isn’t absorbed into the body right away. It first enters the stomach, then the small intestine, where most of the absorption takes place. How fast the alcohol is absorbed depends on the type of drink consumed, the individual’s stomach contents, and many other factors.

The body starts eliminating alcohol immediately, but cannot dispose of it at the same speed at which it is absorbed. This is how an individual’s BAC rises – the body is like a bathtub with a slow drain. The water flows in faster than it flows out, so the level increases. Alcohol absorption in the human body occurs in much the same way.

The body continues to absorb alcohol even after an individual stops drinking, and the BAC continues to rise until it reaches a plateau. This peak represents perfect equilibrium – absorption and elimination of alcohol is occurring at the same rate, so the alcohol level flattens out and is consistent for a period of time. This plateau typically lasts for 15 to 45 minutes, depending upon stomach contents and metabolic rate.

After the body’s blood alcohol content plateaus, the elimination phase begins. If the individual stops drinking, the BAC will steadily decrease at an average rate of approximately .02 percent per hour – about the equivalent of one drink. This, too, varies widely from person to person and in situation to situation.

The process of alcohol metabolism is represented graphically like a bell curve. Because a driver’s BAC continues to rise after he or she stops drinking, a chemical test that shows that the driver was above the legal limit of .08 percent BAC doesn’t mean the motorist was intoxicated while behind the wheel.

Many experts agree that breath-testing during the absorptive phase – after a driver stops drinking, but before alcohol content peaks – can overestimate true alcohol levels by 40 percent to 100 percent.

Many factors can affect the results of a chemical test in a driving under the influence investigation, including the motorist’s metabolic rate, stomach contents, and fatigue level. Often, an officer’s roadside investigation doesn’t even begin to address these issues. A skilled California DUI / DWI criminal defense lawyer can devastate the prosecution in a drunk driving case during an effective cross-examination.

One-leg Stand Test

Drivers under investigation for DUI / DWI in California typically take a field sobriety test, such as the One-leg Stand Test, during a traffic stop. The One-leg Stand Test is one of three field sobriety tests standardized by the National Highway Traffic Safety Administration (NHTSA).

Unfortunately, police officers don’t use the One-leg Stand Test to determine whether a driver is impaired; they are used to justify an arrest and gather evidence for a court case. A knowledgeable DUI / DWI criminal defense attorney can effectively challenge the results of the One-leg Stand Test as part of an aggressive drunk driving defense.

The One-leg Stand Test is a divided-attention test. It purportedly assesses mental and physical impairment from alcohol intoxication by requiring drivers to focus on two tasks at once. Police and prosecutors routinely ignore everything drivers do correctly and focus on even insignificant errors as evidence of alcohol impairment.

When administering the One-leg Stand Test , an officer directs the driver to stand with arms down and feet together during the test instructions. The officer then instructs the driver to raise one leg six inches off the ground, keeping the foot parallel to the roadway. The driver is told look at his or her foot while counting “one thousand one, one thousand two…” until told to stop, typically for 30 seconds.

Police watch for four signs of impairment: Swaying, using the arms to balance, hopping on one foot, and/or lowering the foot three or more times during the test. If the officer spots two or more of these signs, he or she will presume that the driver has a blood alcohol content (BAC) of .10 or greater, and the motorist will be arrested for DUI / DWI.

Police and prosecutors regard field sobriety test results as solid evidence of intoxication, but the results of the One-leg Stand Test can be successfully challenged. To understand how this evidence can be challenged, it’s useful to know how alcohol affects the human body.

When an individual drinks alcohol, mental impairment always occurs before physical impairment. Individuals with a high tolerance for alcohol can mask physical impairment, but mental impairment cannot be disguised. If no mental impairment can be proven, then any physical impairment must be attributed to factors other than alcohol.

In order to convict a driver of DUI / DWI, the prosecutor must present evidence of both mental and physical impairment. The physical impairment displayed in the One-leg Stand Test can be attributed to sources other than alcohol, such as injury or illness. A skilled DUI / DWI attorney can prove that there are many reasons other than alcohol impairment why a driver might perform poorly on the One-leg Stand Test .

Even people who haven’t had a single drink might have difficulty standing on one leg for 30 seconds. The One-leg Stand Test is especially difficult for drivers with back or leg injuries, individuals with inner-ear disorders or other balance problems, people over age 65, and individuals who are overweight. Drivers who perform the test on uneven ground or who are wearing shoes with heels higher than two inches also face challenges.

Because field sobriety tests are extremely subjective, they can be effectively challenged in court. A California defense lawyer who focuses on drunk driving defense will show that the driver’s performance in the One-leg Stand Test and other field sobriety exercises can be attributed to many factors other than alcohol intoxication.

DUI Vehicular Homicide

Vehicular Homicide

The California Legislature has passed laws that carry harsh punishments for drivers who are convicted of killing another person while driving under the influence of alcohol or drugs. Public sentiment is often strongly on the side of the legislature on the drunk driving issue. The movement to stop drunk driving has grown considerably over the past decade and the punishments for driving under the influence cases involving death have increased over that time period as well.

Punishments in these cases can be very severe. When a person dies in a drunk driving incident, the prosecutor will commonly charge the driver with second degree murder, manslaughter, or vehicular homicide. A skilled DUI / DWI defense attorney can often reach a suitable plea bargain with the prosecution or they can zealously defend the case at trial.

Vehicular homicide is a wobbler. This means it can be charged as a misdemeanor or a felony. Typically, vehicular homicide will be charged as a felony. The standard in a case for vehicular homicide is that the driver acted with ordinary negligence. A conviction for a felony vehicular homicide will carry severe penalties.

The penalty for a vehicular homicide conviction can mean a prison sentence of one year or more. If the driver has prior convictions for driving under the influence of alcohol or driving while intoxicated, he or she can be sentenced to 15 years to life in prison. A California lawyer skilled in drunk driving defense will attempt to have the charges reduced to a misdemeanor. This will significantly decrease the potential punishment.

Independent experts will investigate the underlying DUI charge. If the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident. Chemical tests are oftentimes conducted hours after an accident. Due to the delay in conducting the testing, there will be no conclusive evidence as to the driver’s BAC at the time of the accident. In fact, it could have increased between the time of the accident and the time of the blood test or breath test.

Independent investigation by the criminal defense attorney and his or her team of experts is extremely important when presenting a defense to charges of vehicular homicide. An attorney who focuses on drunk driving criminal defense will employ independent investigators to conduct forensic research and reconstruct the accident to uncover evidence that points to the defendant’s innocence. After all, the defense is up against both the police and prosecutors who have the resources to investigate every aspect of the incident to gather evidence against the driver.

Because the consequences are so severe in vehicular homicide cases, and because the effort of the prosecution may be relentless, it’s crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team can evaluate each case to determine the best possible defense strategy in order to minimize any potential punishments.

Riverside and San Bernardino counties DUI / DWI Arrests

Riverside and San Bernardino counties DUI / DWI Arrests

A DUI / DWI arrest in Riverside or San Bernardino county carries extremely serious consequences – if convicted, you face a large fine, a lengthy driver’s license suspension, and even the possibility of spending time in jail. Fortunately, you have an opportunity to aggressively fight your Inland Empire DUI / DWI charge and completely avoid these repercussions. The skilled DWI/DUI lawyers of Riverside, CA and San Bernardino County of The Kavinoky Law Firm have the experience needed to effectively fight your Inland Empire drunk driving charge and create reasonable doubt in your guilt.

If you were arrested for DUI / DWI anywhere in Riverside or San Bernardino County, it’s critical to have an expert drunk driving lawyer to walk you through this confusing experience. A skilled Inland Empire DUI / DWI defense lawyer will assist you with every aspect of your drunk driving case, including obtaining your release on bail or on your own recognizance (OR) and requesting a hearing with the California DMV.

Requesting your DMV hearing in a timely manner is critically important in a California DUI / DWI case. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will be automatically suspended. However, like your drunk driving criminal case, the administrative case brought against you by the California Department of Motor Vehicles can be aggressively defended.

An experienced Inland Empire DUI / DWI lawyer will also start planning an effective defense strategy to defend you in court. Your DUI attorney in Riverside, CA should aggressively challenge the result of your chemical test, your field sobriety test, and any observations by the arresting officer that point to your intoxication.

If you refused to take a chemical test to determine your blood alcohol content (BAC), face punishment from both the California DMV and the court. You’re required by law to submit to a breath or blood test after a lawful California DUI / DWI arrest, and refusal to do so will cause the DMV to suspend your driver’s license for an additional length of time. Also, the prosecutor will introduce your refusal as evidence of “consciousness of guilt.” However, it may be possible to have your refusal excused if convincing evidence of extenuating circumstances is presented. Some so-called “refusals” stem from something as simple as a medical condition or a misunderstanding..

Your future may hinge on the lawyer who handles your Inland Empire DUI / DWI case, so don’t entrust it to an amateur. The experienced Riverside and San Bernardino DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Inland Empire drunk driving arrest during a free consultation.