Convicted DUI / DWI drivers typically face traditional court punishment such as jail sentences, fines, and license suspensions. However, courts are increasingly seeking to address the underlying alcohol issues of drunk drivers through sentencing alternatives. One available alternative is participation in a Victim Impact Program offered by Mothers Against Drunk Drivers (MADD).

The MADD Victim Impact Program consists of regular meetings between convicted DUI offenders and individuals whose lives have been affected by drunk drivers. Sentencing alternatives such as the MADD Victim Impact Program are designed to help, rather than punish, DUI offenders. MADD members communicate the impact drunk driving has had on their lives with the goal of educating drunk drivers of the effects of their actions on others.

The meetings are typically organized as panel discussions that feature three or more MADD members telling their stories. The discussions are often moderated by a police officer. When time permits, convicted drunk drivers may also share their stories.

Participation in the MADD Victim Impact Program is typically set as a condition of probation. If the DUI offender fails to participate in the program, probation is violated, and the driver likely will go to jail.

Sentencing alternatives such as the MADD Victim Impact Program can be a viable alternative to a jail sentence for a convicted drunk driver. A qualified California DUI / DWI attorney can determine whether sentencing alternatives are available in individual cases.

Penalties for driving under the influence of marijuana

Driving under the influence of marijuana in California carries severe penalties that vary depending on whether the offense was filed as a misdemeanor or as a felony, on how many times the accused has been convicted of this or similar offenses and on whether there were circumstances that aggravated the offense. The penalties for driving under the influence of drugs (DUID) are similar to those imposed in an alcohol-related DUI case and may include probation, drug education classes, heavy fines, license suspensions and jail or prison time. One’s best chance to avoid these devastating penalties is to hire a skilled California DUID criminal defense lawyer who knows the defenses that will convince the prosecutor, judge and/or jury that his or her client is innocent of the charges.

Driving under the influence of marijuana in California, when charged as a first offense, typically carries a three year informal (unsupervised) probationary sentence that includes heavy fines (totaling up to $3,500 once all the assessments are added up), completing a three month drug education program and a 90 day driver’s license restriction that only allows the individual to drive to and from work and the drug education program. Although jail time is usually not imposed in connection with a first offense (unless there were aggravating circumstances), it is possible to spend up to six months in jail if convicted of this charge.

When the accused has suffered either a prior DUI conviction or a “wet-reckless” conviction within 10 years of the charged offense, the penalties increase. A second conviction may result in a three-to-five year informal probationary sentence that will typically include the same maximum fine, at least 96 hours (and up to one year) in the county jail, an 18 month drug education program and a driver’s license restriction for the duration of the program that only permits the individual to drive to and from work and the program.

A third or subsequent D.U.I. offense (or even a first offense if someone was injured) may be charged as a felony, subjecting the accused to sixteen months or two or three years in the state prison. It will typically be filed as a misdemeanor, with a five year informal probationary period (formal if a felony), the same maximum fine, four months to one year in the county jail and a three year driver’s license suspension. An individual convicted of a third or subsequent DUI will also be labeled a “habitual traffic offender” for three years, subjecting the accused to an additional 30days in jail and an additional $1,000 fine for a first-time designation or to an additional six months in jail and an additional $2,000 fine for a second or subsequent designation within a 7 year period.

Aggravating factors will enhance one’s sentence and include anything that made the driving under the influence of marijuana charge even more egregious. Examples include, but are not limited to, driving with a child under 14 years of age in the car, reckless driving or refusing to submit to a chemical test. Each of these enhancements carries its own additional penalties, but it should be noted that refusing to submit to a blood or urine test will result in a one, two or three year driver’s license suspension, depending on whether the charge was the driver’s first, second or third within the statutory 10 year period.

Penalties may also include a series of Narcotics Anonymous (NA) meetings or any other program that the judge deems appropriate, based on the facts of the case. These programs may be ordered in addition to the mandatory drug education program.

The outstanding criminal attorneys at The Kavinoky Law Firm are dedicated to helping their clients through this difficult time and know a variety of alternative sentencing options that may be available to and preferred by their clients. For the most trusted legal advice and the most vigorous defense, contact them today for a free consultation.

Alcohol Education Programs in Humboldt 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 Humboldt County, California:

Humboldt Alcohol Recovery Treatment
(Service Provided: First Offender, 18 Month)
2331 Rohnerville Road,
Fortuna, California 95540
Phone: 707-725-9381; Fax: 707-725-1613

Humboldt Alcohol Recovery Treatment
(Service Provided: First Offender, 18 Month)
1806 E Street,
Suite A,
Eureka, California 95501
Phone: 707-725-1166; Fax: 707-725-1613

» 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 Nevada 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 Nevada County, California:

Nevada County Substance Abuse Treatment & Recovery
(Service Provided: First Offender, 18 Month)
440 Henderson Street,
Suite C,
Grass Valley, California 95945
Phone: 530-273-9541; Fax: 530-273-7740

Community Recovery Resources
(Service Provided: First Offender, 18 Month)
10015 Palisades Drive,
Suite 1,
Truckee, California 96161
Phone: 530-587-8194; Fax: 530-587-5617

» 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 Shasta 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 Shasta County, California:

Cascade Circle, Inc.
(Service Provided: First Offender)
3161 Bechelli Lane,
Suite 204B,
Redding, California 96002
Phone: 530-222-8302; Fax: 530-222-5872

Wright Education Services
(Service Provided: First Offender)
2525 Victor Avenue,
Redding, California 96002
Phone: 530-223-5122; Fax: 530-223-5652

» 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.

California Criminal Law – Motorcycling Under the Influence

In California, an individual who drives a motorcycle while intoxicated or under the influence of drugs or alcohol will face the same proceedings that a person driving a car while under the influence will face. Therefore, a motorcyclist charged with DUI will have a case with the DMV as well as criminal court case. These cases should be handled by qualified drunk driving defense lawyers.

A motorcyclist must request a DMV Administrative Per Se Hearing within 10 days of being arrested. These 10 days include weekends and holidays. If the hearing is not requested, an automatic process of license suspension will be started by the Department of Motor Vehicles. At the DMV hearing, the DUI attorney will be given an opportunity to present evidence why there was no probable cause to make the stop in the first place, as well as evidence that would call into question the results of any chemical tests. The judge will decide based on the preponderance of the evidence whether the driver had a blood alcohol content of .08 percent or greater. If the judge finds that the driver’s BAC was indeed above the legal limit of .08 percent, the driver’s license will be suspended.

In criminal court, the motorcyclist will face the same punishments that are handed down in convictions for driving a car while drunk. Those punishments include jail time, fines, alcohol education classes, and alternative sentences. A prosecutor will present evidence of the chemical test results as well as expert witnesses to explain the results of the tests to the jury.

Police officers are trained to recognize certain signs of intoxication or impairment in a motorcycle driver. If a police officer notices these signs, he or she may stop the driver of a motorcycle. The signs of intoxication are things like drifting between lanes or trouble dismounting the motorcycle. It is unfortunate that short bikers may have trouble dismounting a motorcycle even if unimpaired. There are reasons besides intoxication why a rider might drift between lanes too. It is the job of a criminal defense attorney to illustrate to a jury that there is reasonable doubt as to whether a driver was intoxicated or whether the defendant was just a novice rider who is physically maladjusted to riding motorcycles.

When an officer notices either drifting or problems with the dismount, the rule is that there is a 50 percent chance that the rider is intoxicated. Of course, on the other hand, there is a 50 percent chance that something like rough terrain, wind, or nervousness is causing the driver to drift. There is also a 50 percent chance that there is an explanation other than alcohol or drugs why a driver is having trouble dismounting a motorcycle.

Other signs that police look for in an impaired motorcycle driver are trouble balancing once the motorcycle comes to a stop, late braking patterns, and wobbling wheels when the motorcycle is going around curves or turning corners. However, there are multiple explanations for these problems that are not related to alcohol. If a DUI attorney can illustrate that alternative causes were responsible for the so-called signs of intoxication in a motorcycle driver, there is a chance that the jury will find in favor of the defendant.

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.

Special License Plates for Convicted DUI / DWI Drivers

A drunk driving charge in California will result in two separate cases being filed against the alleged drunk driver even though it involves only one incident. A driver faces a California DMV case and a California 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. The Department of Motor Vehicles case relates mostly to the driver’s license itself.

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. A lawyer 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. Sometimes meeting with people who have been affected by drunk driving has proven to be both beneficial to the offender and to the victims.

In California, a person convicted of driving under the influence of alcohol will commonly face jail time, fines, and driver’s license suspensions. These are not the only penalties or conditions of probation. Other methods are being employed across the states. These methods include ignition interlock devices and specially marked license plates. While the ignition interlock device is used in California, the special license plates are not.

The obvious reason for marked plates is for police officers and other drivers to be readily aware that there is a potential drunk driver on the road. While these license plates are not currently in use in California, legislators are always considering the option. California DUI / DWI attorneys keep themselves updated on legislative affairs in order to be prepared for any contingency.

The experiment with marked license plates has varied across the states. Iowa, Minnesota, and Ohio offer marked license plates that indicate that driving the car is off limits to a particular family member. The purpose of this law is to avoid the impoundment of the vehicle. This avoids unnecessary punishment of the remainder of the family who are allowed to drive the car.

Oregon and Washington launched a now defunct program of tagging license plates with striped registration stickers to demark drivers who have records of driving while intoxicated. This law has expired. Rates of repeat offenders dropped, but the states obviously didn’t find it to be particularly helpful in curbing DUI / DWI offenses.

California is yet to experiment with marked license plates of any sort. The legislature is always working on creative ways to stop people from driving under the influence of alcohol or drugs, so marked license plates should not be ruled out as future possibility. The Kavinoky Law Firm is always up to date on developing laws concerning driving under the influence offenses and lawyers are readily available for a free evaluation.