California Criminal Defense Lawyer Locations> San Jose, CA San Jose Criminal Defense Attorneys and DUI Lawyers

If there is a chance you may need San Jose criminal defense attorneys you should contact The Kavinoky Law Firm immediately. It only takes a quick call or the online case submission to reach our team of San Jose criminal defense lawyers. They will contact you to discuss your circumstances, establish an attorney-client relationship, and begin giving you legal advice as needed. They will help you and do what is necessary for your criminal defense, such as collecting evidence and taking the necessary steps with the San Jose police or the courts before the trial.

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• Why Call Us Now
  • The earlier you have effective legal advice, the sooner you can start making the right decisions.
  • Early mistakes result in criminal convictions and extended sentences.
  • Our lawyers are experienced in the local court system and committed to helping you prevent an unreasonable sentence, especially if that means jail time.

  The Kavinoky Law Firm
  San Jose, California

  2880 Zanker Road
  Suite 203
  San Jose, CA 95134
  Toll-Free Tel: 800-NO-CUFFS (800-662-8337)
  Toll-Free Fax: 877-346-4660

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Alcohol Education Programs in Butte 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 Butte County, California:

Prevention Education Program, Inc.
(Service Provided: First Offender, 18 Month)
1215 Mangrove Avenue,
Suite B,
Chico, California 95926
Phone: 530-891-6148; Fax: 530-345-5514

DUI – Solutions
(Service Provided: First Offender, 18 Month)
645 Normal Avenue,
Chico, California 95928
Phone: 530-898-8333; Fax: 530-898-8060

» 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 Marin 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 Marin County, California:

Bay Area Community Resources
(Service Provided: First Offender, 18 Month)
118 Alto Street,
San Rafael, California 94901
Phone: 415-453-9980

» 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 San Joaquin 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 Joaquin County, California:

Alcohol Recovery Center (ARC)
(Service Provided: First Offender, 18 Month)
620 N. Aurora Street,
Suite 6,
Stockton, California 95202
Phone: 209-468-8313; Fax: 209-468-8342

Valley Community Counseling Services, Inc.
(Service Provided: First Offender, 18 Month)
110 N. Sherman Avenue,
Manteca, California 95336
Phone: 209-823-1911; Fax: 209-823-1931

Valley Community Counseling Services, Inc.
(Service Provided: First Offender, 18 Month)
1300 West Lodi Avenue,
Suite G2,
Lodi, California 95242
Phone: 209-334-2126; Fax: 209-369-8406

Tracy Drinking Driver Program
(Service Provided: First Offender, 18 Month)
19 East 6th Street,
Tracy, California 95376
Phone: 209-835-8583; Fax: 209-835-2910

Council For The Spanish Speaking
(Service Provided: First Offender, 18 Month)
308 N. California Street,
Stockton, California 95202
Phone: 209-547-2855; Fax: 209-547-2870

San Joaquin Safety Council
(Service Provided: First Offender)
4662 Precissi Lane,
Suite 100,
Stockton, California 95207
Phone: 209-472-7233; Fax: 209-472-1340

» 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 Ventura 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 Ventura County, California:

Ventura County DDP
(Service Provided: First Offender, 18 Month)
702 County Square Drive,
Ventura, California 93003
Phone: 805-658-4250; Fax: 805-658-4208

Ventura County DDP – Oxnard Center
(Service Provided: First Offender, 18 Month)
2651 South C Street,
Oxnard, California 93030
Phone: 805-385-1889; Fax: 805-385-6365

Ventura County DDP – Simi Valley
(Service Provided: First Offender, 18 Month)
4322 Eileen Street,
Simi Valley, California 93063
Phone: 805-584-4883; Fax: 805-584-4880

Ventura County DDP – Conejo Valley DDP
(Service Provided: First Offender, 18 Month)
72 Moody Court,
Thousand Oaks, California 91360
Phone: 805-777-3506; Fax: 805-777-3515

» 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 Contra Costa

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.

Contra Costa County Superior Court
725 Court Street, Martinez, CA 94553

Juvenile Hall Martinez
202 Glacier Drive, Martinez, CA 94553

Superior Court Concord – Traffic & Small Claims
2970 Willow Pass Road, Concord, CA 94519

Superior Court Pittsburg
45 Civic Avenue, Pittsburg, CA 94565

Superior Court Richmond
100 – 37th Street, Richmond, CA 94805

Superior Court Walnut Creek
640 Ygnacio Valley Road, Walnut Creek, CA 94596

» Contra Costa 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 Modoc

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.

Modoc County Superior Court
205 South East Street, Alturas, CA 96101

» Modoc 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 Sutter

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.

Sutter County Superior Court
446 2nd Street, Yuba City, CA 95991-5525

» Sutter 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

Jury Instructions

In California drunk driving trials and all other criminal cases, jurors take an oath to follow the law. The law in each particular criminal case is given to jurors in the form of jury instructions. The judge usually reads the instructions aloud and also gives the jurors a copy. Whether the instructions are issued before attorneys’ closing arguments or just before the jury retires to deliberate depends on the preference of the judge.

In California, the instructions issued in criminal trials are from CALJIC, or California Jury Instructions, Criminal. In addition to the CALJIC instructions, the attorneys for both sides can submit their own proposed jury instructions tailored to the specific facts of their cases. A skilled California DUI / DWI lawyer from The Kavinoky Law Firm will submit instructions designed to advance the client’s case.

The judge and attorneys will discuss the proposed instructions outside the presence of the jury. The prosecutor typically seeks instructions that are objectionable to the defense, and vice-versa. Each side presents arguments in regard to the instructions, and the judge rules on the final version.

One very important jury instruction that skilled California DUI / DWI defense lawyers rely upon is CALJIC No. 224 on circumstantial evidence. It reads as follows:

Circumstantial Evidence: Sufficiency of Evidence
Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty. If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable.

This instruction states that in cases supported by circumstantial evidence, the prosecution has the burden of proving each element of the case beyond a reasonable doubt, and if the circumstantial evidence points to more than one conclusion, the jury must accept the one that points to the defendant’s innocence.

This particular part of the jury instructions can be employed to cast doubt on every single item of circumstantial evidence in the prosecutor’s case. A knowledgeable California DUI / DWI defense lawyer will submit jury instructions designed to help the accused drunk driver advance his or her case and point jurors toward a verdict of not guilty.

Chemical testing is a key issue in every California DUI case. Accused drunk drivers often fear that if the machine says someone is above the legal limit, they are guilty, period. However, there are many challenges to the validity of blood, breath and urine tests in driving under the influence cases. An experienced DUI defense attorney from The Kavinoky Law Firm has an arsenal of proven strategies available to attack the results of chemical tests in driving while intoxicated cases.

Most California DUI arrests result in two separate charges – violation of the “common law” drinking and driving laws, and violation of the “per se” laws. Common law drunk driving charges hinge on whether the motorist was impaired by alcohol and/or drugs, and was unable to operate a vehicle with the same caution as a sober person.

A per se charge focuses solely on whether the driver’s blood or breath alcohol content (BAC) was above the legal limit, now.08 percent in all 50 states. When attempting to prove a per se charge, the prosecutor focuses on the driver’s BAC and per se do not attempt to prove that the driver was impaired or affected by alcohol.

Chemical testing of the blood, breath or urine is therefore central to the per se charge, where the defendant is accused of driving above the legal limit. However, chemical tests are also a critical aspect of the common law drunk driving case, which focuses on whether or not the driver was impaired. This is because many experts believe that all drivers are impaired once they are above a certain BAC.

Some forensic experts believe that everyone is impaired when their BAC reaches.10 percent, some .08 percent, and the most conservative think that everyone is under the influence at .05 percent BAC. Therefore, it is vital that a DUI defense lawyer be able to successfully address these issues to advance their client’s cause.

Chemical testing is so critical in California DUI  cases that both the DMV and the courts punish drivers who refuse to submit to chemical testing when lawfully requested after a drunk driving arrest. For example, a refusal to test following a drunk driving arrest may result in a driver’s license suspension of one year for a first offense DUI.

In a drunk driving court case, a chemical test refusal is a “special allegation” that, if proven, results in mandatory jail terms, lengthier alcohol education programs, and a jury instruction that allows jurors to consider the refusal to test as consciousness of guilt.

Chemical testing in drunk driving cases or DUI drug arrests involves the testing of bodily fluids – blood, breath, or urine. In most states, when someone is accused of driving under the influence of alcohol, he or she has a right to take either a breath or a blood test.

Where driving under the influence of drugs is suspected, the chemical test choices will usually include blood or urine. Generally, there is no right to a urine test in drunk driving cases. Urine testing in drinking and driving cases has been deemed too unreliable to withstand courtroom challenges.

There are many effective defense challenges to chemical tests in drunk driving cases. While a chemical test may accurately determine BAC at the time of testing, it is not conclusive evidence of BAC at the time of driving. Remember, it isn’t against the law to exceed the legal limit while in a police station; the crime is driving under the influence, or driving above the legal limit, not having a BAC above the legal limit at a later time. Because alcohol levels change over time, this is a critical point to understand.

Chemical testing for alcohol or drugs isn’t always accurate – far from it. There are challenges to breath tests, forensic blood tests, and forensic urine tests. Testing in DUI drugs cases is even more challenging than testing for alcohol levels in a drunk driving case. Drug tests search for metabolites in the blood or urine, not the drug itself. Plus, there are no “per se” limits in drug cases, and because of the time in which many drugs stay in the system, it is incredibly difficult to demonstrate that a person was impaired at the time of driving.

Many drivers accused of DUI believe that a chemical test that shows a BAC greater than .08 percent means a slam-dunk conviction, but that’s simply not the case. However, effectively fighting a driving under the influence case isn’t for amateurs. It’s critical to consult with a California criminal defense attorney with experience fighting drunk driving cases. A skilled attorney can challenge the results of blood, breath, or urine tests, and plan a strategy to fight a drunk driving case.