In California, anyone who drives after ingesting drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, driving under the influence of drugs is prosecuted in practically the same way as cases involving driving under the influence of alcohol. DUID is a serious charge that carries harsh repercussions, and requires qualified legal counsel. A California attorney experienced in defending DUID cases can fight the case from beginning to end and can achieve a favorable result for a driver accused of driving under the influence of drugs.

In DUID cases, it does not matter if the driver is under the influence of a drug that is legal or illegal. Taking over-the-counter cold medicine can result in a DUID case. There is no requirement that the drug be a prescription drug. The only issue is whether the driver was under the influence of drugs such that they could not operate the vehicle with the same care as a sober person.

In a DUID case, a person is “under the influence” when they are unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances. A prosecutor must prove that the driver meets the legal standard for driving “under the influence.”

There is no legal limit or special number that indicates that a person is too impaired to drive. Therefore, results that indicate a certain amount of narcotics or other drugs in the driver’s system do not automatically mean that the driver was impaired. The prosecutor must prove impairment by way of other circumstantial evidence too. The prosecutor will introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results.

Once an arrest has been made in a case involving driving under the influence of drugs, California’s implied consent law requires that the driver submit to a chemical test. One may submit to a blood test, breath test, or urine test. The urine test is rarely used in drunk driving cases because it is a highly unreliable to test for alcohol, but it is more common in cases where drug use is suspected. If a driver fails to submit to a chemical test, he or she will face an automatic license suspension for one year.

An experienced California criminal defense attorney understands that urine tests are inherently unreliable. A drug like marijuana can stay in a person’s system for up to a month. Therefore, if a person smoked marijuana on a Monday and was arrested for driving under the influence of drugs on the next Friday, even if they hadn’t smoked since Monday, the urine test would come up positive for marijuana. This is true despite the fact that the driver was not actually under the influence of marijuana at the time of driving.

Typically, an investigation for driving under the influence of drugs will begin once a police officer who observes driver impairment concludes following a breathalyzer that the driver is not under the influence of alcohol. Some police agencies will automatically look into the results of blood and urine tests for traces of drugs when an impaired driver does not appear to be under the influence of alcohol.

When police suspect drug use, an officer who has received training as Drug Recognition Evaluator, or DRE will be called on to investigate. A California DUI lawyer will be able to challenge whether the officer is actually a qualified DRE because training and experience vary among officers. The DRE will investigate the driver for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The DRE may conduct further field sobriety tests in a well lit and controlled environment. The DRE will also ask the driver questions in order to elicit incriminating statements.

Drug use is not always easy to spot. Oftentimes, what may appear to be drug use could be a result of drowsiness, depression, or other mental or physical ailments. A qualified attorney experienced in DUID cases, will be able to investigate a case and come up with a plan to minimize any potential punishments.

When there is an accident involved in a drunk driving incident, the consequences for the convicted driver can be harsh. It will take a skilled DUI defense attorney and a crack team of independent experts to analyze the case thoroughly. The experts will investigate the underlying driving under the influence charge as well as completing a reconstruction of the accident.

It is essential to the California DUI defense lawyer to have an expert examine the accident scene and the vehicles involved as soon after the accident as possible. Crucial evidence may disappear if time is wasted. An expert in accident reconstruction will take photographs of the vehicles and the crash scene and will preserve any evidence that may be beneficial to the defense.

If the accident was unavoidable under any circumstances, then it follows that alcohol did not contribute to the crash .The accident reconstructionalist’s job is to establish what the events were that led up to the crash as well as to analyze the circumstances of the crash itself. Generally, the expert will be looking to establish that the crash was completely unavoidable.

Accident reconstruction involves an analysis of all vehicles involved in the crash. There will be an examination to determine whether there were any safety recalls that were not fixed that might have contributed to the accident. There will be a thorough investigation of the vehicles’ headlights, brake lights, and other safety equipment to determine whether everything was operating as it should at the time of the crash.

The accident reconstructionalist will look into weather conditions, road conditions, traffic patterns, and lighting in the area of the accident. Skid marks can be especially helpful because they can indicate whether the driver reacted to the coming danger or was not aware of the impending accident. Accident reconstruction also involves going over police reports and official diagrams to determine points of impact and other significant factors. Different marks on vehicles can be indicators of the way the accident unfolded.

An accident reconstructionalist is not limited to an examination of the accident scene. He or she may interview as many witnesses as possible, including the accused driver and any passengers in the driver’s car or in a different car.

In cases for driving under the influence of alcohol, the defense faces the police and prosecutors who have the resources to investigate every aspect of the accident in order to gather evidence against the defendant. An attorney who focuses on drunk driving criminal defense will engage the resources of independent investigators who will conduct forensic research and accident reconstruction to discover any evidence that points to the defendant’s innocence. An independent investigation by the California criminal defense attorney and his or her team of experts is extremely important when presenting a defense to DUI charges.

Alcohol Education Programs in Lake 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 Lake County, California:

Lake County DDP
(Service Provided: First Offender, 18 Month)
991 Parallel Drive,
Suite B,
Lakeport, California 95453
Phone: 707-263-8162; Fax: 707-263-9336

Lake County DDP
(Service Provided: First Offender, 18 Month)
7000-B South Center Drive,
Clearlake, California 95422
Phone: 707-994-6494

» 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 Sacramento 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 Sacramento DUI attorney.

Driving Under the Influence programs in Sacramento County, California:

Sacramento Drinking Driver Program
(Service Provided: Service Provided: First Offender, 18 Month)
4241 Florin Road,
Suite 110,
Sacramento, California 95823
Phone: 916-394-2320; Fax: 916-394-2453

Sacramento Drinking Driver Program
(Service Provided: First Offender, 18 Month)
3437 Myrtle Avenue,
Suite 420,
N. Highlands, California 95660
Phone: 916-338-6835; Fax: 916-338-6839

Galt Drinking Driver Program
(Service Provided: First Offender, 18 Month)
908 C Street,
Suite J,
Galt, California 95632
Phone: 209-744-2546; Fax: 209-744-8429

Safety Center, Inc.
(Service Provided: First Offender, 18 Month)
3909 Bradshaw Road,
Sacramento, California 95827
Phone: 916-366-7233; Fax: 916-366-1762

Breining Institute
(Service Provided: First Offender)
8880 Greenback Lane,
Suite A,
Orangevale, California 95662
Phone: 916-987-0662; Fax: 916-987-8823

Breining Institute
(Service Provided: First Offender)
7880 Alta Valley Drive,
Suite 160,
Sacramento, California 95823
Phone: 916-688-1163; Fax: 916-688-5021

Breining Institute
(Service Provided: First Offender)
2775 Cottage Way,
Suite 25,
Sacramento, California 95825
Phone: 916-972-8175; Fax: 916-972-1032

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
5777 Madison Avenue,
Suite 1290,
Sacramento, California 95841
Phone: 916-344-0359; Fax: 916-344-3864

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
1025 19th Street,
Suite 2,
Sacramento, California 95814
Phone: 916-444-5680; Fax: 916-444-2185

» 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 Stanislaus 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 Stanislaus County, California:

Safety Center, Inc. – Stanislaus
(Service Provided: First Offender)
2005 Evergreen Avenue,
Suite 350,
Modesto, California 95350
Phone: 209-526-9393; Fax: 209-526-5060

Occupational Health Services, Inc.
(Service Provided: 18 Month)
2260 Floyd Avenue,
Suite 100,
Modesto, California 95355
Phone: 209-527-8070; Fax: 209-523-0429

» 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.

Third Time Offenders and the DMV Hearing

The driver who is arrested for driving under the influence of alcohol will require the counsel of a California criminal defense attorney with vast experience in DUI / DWI cases. An attorney is required for those who seek to protect their driving privileges in California. In California there is both a Department of Motor Vehicles hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of the drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

Two crucial factors in a DMV hearing will be whether there are prior drinking and driving violations on the driver’s record, and whether there was a refusal to submit to chemical tests. Previous driving under the influence offenses must have occurred within the past ten years in order to be counted as prior offense. If there was a refusal to submit to the chemical tests following a driver’s third DUI / DWI arrest, a the third time drunk driving violation will carry an automatic three year suspension without any chances of getting a restricted license to allow for travel to and from work. The driver will be required to file formal proof of insurance with the Department of Motor Vehicles by filing a SR-22 form at the end of the suspension period in order to regain driving privileges.

A third offense driving while intoxicated arrest where the driver voluntarily submits to a blood or breath test after being arrested, the punishment will be a two year suspension and the driver will be required to file formal proof of insurance with the DMV by the filing of an SR-22 form. This filing will be required for three years. After eighteen months of the suspension, a third time offender may be entitled to a restricted license that allows for the travel to and from work as well as alcohol education classes that will be required for a third time offender.

In order for any sanction such as restriction, suspension, or revocation can take place, the Department of Motor Vehicles hearing officer must face three issues, and be satisfied with each of the three issues. In short those issues are whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver’s BAC was above the legal limit at the time of driving.

The DMV has the sole authority in California to suspend driving privileges. Criminal courts do not have this authority. However, when a driver is convicted of a DUI / DWI in California, the DMV will find out. Once the DMV has found out that a motorist was convicted of a third drunk driving offense, the driver’s license will be automatically suspended for a period of two years. This two year suspension will run concurrently with the original suspension given after the Department of Motor Vehicles hearing.

Furthermore, the DMV will also require the installation of an ignition interlock device and eighteen to thirty months of alcohol education classes.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.

Superior Court Of California, County of Lassen

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.

Lassen County Superior Court
220 South Lassen Street, Susanville, CA 96130

» Lassen 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 Shasta

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.

Shasta County Superior Court
1500 Court Street, Redding, CA 96001

Burney Branch Court
20509 Shasta Street, Burney, CA 96013

» Shasta 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

California Criminal Defense- Examination of Arresting Officer

In California drunk driving trials, both the defense and prosecution call witnesses that support each side’s theory of the case. The prosecution typically starts by calling the officer who arrested the individual for drinking and driving. This can be a challenging part of the trial for the defense, because the officer is going to offer evidence that is damaging to the defendant’s case. However, the knowledgeable DUI / DWI defense lawyers at The Kavinoky Law Firm have the experience needed to lessen the impact of the arresting officer’s testimony.

The officer typically begins by testifying about the defendant’s driving pattern prior to the traffic stop. This is how the officer establishes that there was probable cause for an arrest. The officer may testify that the defendant was weaving between lanes, driving without headlights, or some other recognized driving pattern of DUI / DWI drivers.

The prosecutor will then have the arresting officer describe the traffic stop. The officer will testify about how the driver responded to the request to pull over and the officer’s initial observations when they spoke. These initial observations include whether the officer smelled alcohol, whether the driver’s speech was slurred, or any other symptom of intoxication.

The officer will then be asked to describe the driver’s performance on a field sobriety test. The officer will testify about any variation between the driver’s performance and how the tests are meant to be completed. However, because these tests are designed to be failed, the officer will only describe the things the driver did poorly, leaving out things the driver may have done well. An experienced DUI / DWI lawyer will use an effective cross-examination to bring out aspects of the test on which the driver performed well.

The officer will be asked to testify about any chemical tests that were performed. The officer will then establish the procedures regarding the chemical test and the chain of custody of any sample (blood or urine, because breath samples cannot be retained) that were taken from the driver. Finally, the officer will describe the chemical test results as evidence of the driver’s blood alcohol content (BAC).

Finally, the officer will describe the driver’s arrest. He or she will testify about the basis for the arrest – the officer usually says it was based on the “totality of the evidence” – and any statements made by the driver.

Once the prosecutor completes the arresting officer’s direct examination, the defense attorney can begin cross-examination. An experienced DUI / DUI lawyer will take this opportunity to poke holes in the prosecutor’s case. Cross-examination in a drunk driving case is not so much an examination as it is an opening for the defense lawyer to testify.

The most effective cross-examination takes place when the defense lawyer delivers questions in a manner that forces the officer to give yes or no answers. This style of questioning allows the defense attorney to testify to what he or she wants the jury to hear.

Along with jury selection, cross-examination of the arresting officer is the most critical aspect of the trial for the defense. Scoring points against a prosecution witness, rather than with a defense witness, is an effective strategy to win over the jury. In a juror’s mind, witnesses typically agree with the side that called them to testify. If the witness agrees with the opposing side, the jury really pays attention.

The practiced DUI criminal defense lawyer will use aggressive cross-examination techniques to draw out things that the driver did correctly when pulled over and arrested. For example, the police officer may have noted in the arrest report that the defendant was speeding and ran a red light prior to being pulled over, but won’t mention that the driver signaled before pulling over, or that he or she responded immediately to any requests for documents.

The officer will always mention details such as the driver’s red, watery eyes, slurred speech, or an odor of alcohol on the breath, but will not volunteer any information that indicates that the driver acted in any manner consistent with a sober person. The officer will always note even the smallest errors committed on a field sobriety test, even if these things do not indicate that a person is under the influence. Cross-examination of the officer is the time when the defense attorney can draw out positive information that will bolster the defendant’s case and discredit the officer.

Cross-examination is one of the most important aspects of an effective drunk driving defense. An experienced California criminal defense attorney who focuses on DUI / DWI defense will use aggressive cross-examination techniques to minimize the impact of the arresting officer’s testimony and create reasonable doubt in the driver’s guilt.

Locating an individual after a California DUI / DWI arrest can be challenging. The driver often spends hours at a police station before being transferred to a county jail, and finding the motorist can be a frustrating experience. However, a knowledgeable drunk-driving lawyer can help. An experienced criminal defense attorney from The Kavinoky Law Firm can locate the driver quickly and secure his or her release.

The task of searching for a motorist accused of driving under the influence will be much easier if the attorney has the driver’s full legal name and date of birth at hand. If the accused motorist has been in touch with family or friends since the arrest, obtaining the booking number will also help.

The ease in getting the accused driver released from jail depends on the jurisdiction in which the offense occurred and the facts of the case. Drivers arrested for DUI / DWI are sometimes released on their own recognizance, also known as OR. Being released on OR means that the driver doesn’t have to post bail if he or she makes a written promise to appear in court on the drunk-driving charge. If the driver fails to appear, an arrest warrant will be issued, and the driver will face a separate Failure to Appear charge (FTA). The FTA charge will be a misdemeanor if the underlying DUI was a misdemeanor, or a felony Failure to Appear charge if the underlying DUI was a felony.

In some jurisdictions, there is an OR Officer who evaluates accused DUI / DWI drivers to determine whether they’re suitable to be released on their own recognizance. Some jurisdictions automatically release drunk-driving arrestees if they have identification, are local residents, and are in custody long enough to protect the arresting agency from liability if the driver causes a DUI injury accident. If the driver isn’t released on his or her own recognizance, the driver may need the services of a bail bondsman.

A drunk-driving arrest carries potentially life-changing consequences, and requires fast legal action to protect the driver’s license, rights, and freedom. The skilled drunk driving criminal defense attorneys of The Kavinoky Law Firm are ready to help any motorist accused of driving under the influence secure immediate release, whether the charge is misdemeanor or felony DUI / DWI, driving under the influence of alcohol or drugs (DUID) or any other drinking and driving offense.