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.

The Hand-pat Test is a field sobriety test used by law enforcement investigating suspected DUI / DWI drivers in California. Unfortunately, police don’t use the test to help them decide whether to make a drunk driving arrest, because that decision is made before the test even begins. Field sobriety tests such as the Hand-pat Test are merely tools used to create probable cause for an arrest and generate evidence for a DUI court case. However, field sobriety tests can be successfully challenged by a skilled attorney. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will attack field sobriety test results as part of an aggressive defense strategy.

When taking the Hand-pat Test, the driver is instructed to extend one hand palm up and place the other hand on top, facing palm down. The driver is then told to pat the bottom hand with the top hand, while alternating the top hand’s palm position – facing up or facing down between pats – and count out loud with each pat.

As the test progresses, the officer is watching for signs that the driver is intoxicated, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat the hands as directed, and ending the test before being told to do so.

However, the Hand-pat Test shouldn’t be called a test at all, because the driver is set up to fail. The Hand-pat Test is so subjective that it is not even standardized by the National Highway Safety Traffic Administration (NHSTA). The NHSTA doesn’t regard the Hand-pat Test as an accurate indicator of alcohol impairment, because it has no objective scoring system and relies solely on the officer’s opinion of whether the driver passed or failed.

A lawyer skilled in defending drunk driving cases will argue that a driver could have “failed” the Hand-pat Test for reasons that had nothing to do with alcohol intoxication, such as injury, illness, or a nervous-system disorder. The attorney can challenge the officer’s test instructions, or even argue that it wasn’t administered properly.

Even nervousness can cause a motorist to perform poorly on the Hand-pat Test. The test isn’t given under the best of conditions – the driver usually takes the test next to a busy freeway or roadway, with cars speeding past and the police cruiser’s lights flashing red and blue. Anyone would get rattled under those kinds of conditions.

Contrary to popular opinion, “failing” the Hand-pat Test or another field sobriety test doesn’t equal a slam-dunk conviction. Field sobriety test results can be interpreted in a number of ways. A skilled California DUI / DWI criminal defense attorney can challenge the results of a field sobriety test and craft a strategy to defend drunk driving charges.

Drivers under investigation for DUI / DWI in California are typically given a field sobriety test before being arrested. These physical agility exercises, which are usually given next to a busy freeway or on the street, aren’t tests in the traditional sense, because they’re designed to be failed. Their real purpose is to establish probable cause for a drunk driving arrest and to generate evidence for a court case. However, the skilled attorneys from The Kavinoky Law Firm can effectively challenge field sobriety tests and other evidence in a drunk driving case to create reasonable doubt of the driver’s guilt.

Field sobriety tests fall into two categories: Standardized and Non-standardized. The National Highway Transportation Safety Administration (NHSTA) has standardized three field sobriety tests – the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test, and the One-leg Stand Test. Because these three tests have been recognized by the NHSTA, they carry more weight in court than non-standardized tests, but a skilled attorney can successfully challenge the results of standardized field sobriety tests in court.

Field sobriety tests reputedly assess the mental and physical impairment caused by alcohol intoxication, but most of the so-called signs and symptoms of alcohol impairment can be traced to physical problems unrelated to alcohol use.

Alcohol causes both mental and physical impairment, but mental impairment always takes place before physical impairment occurs. Physical impairment can be masked by individuals with a high tolerance for alcohol, but mental impairment cannot be disguised. Therefore, if a driver suffers from physical difficulties but no mental impairment, the physical problems were caused by a source other than alcohol.

In order to return a DUI / DWI conviction, every juror must be convinced of the driver’s guilt beyond a reasonable doubt. A skilled attorney knows that the reliance of field sobriety tests on physical agility poses serious problems for prosecutors, and creates reasonable doubt in the minds of jurors.

There are many issues unrelated to alcohol use that can cause physical impairment, such as illness, injury, fatigue, or nervousness. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will take a complete medical history to determine whether causes other than alcohol may have contributed to any impairment, and use this information to challenge the results of a field sobriety test.

A DUI / DWI charge in California will result in two separate cases even though it involves only one incident. A driver faces a California DMV case and a 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.

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. An attorney 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.

Common punishments for driving under the influence of alcohol in California are jail time, fines, and license suspensions. In some cases however, the courts and the legislature have come up with other ways to punish people convicted of DUI / DWI. These methods are known as alternative sentencing. They include community service, ignition interlock devices, electronic monitoring, and sober living environments.

A sober living environment is generally a place for someone who is coping with a drug or alcohol problem. If a person is a multiple offender and has not been able to benefit from other treatment, a sober living environment may be the right place. A person who stays at a sober living environment may be able to be credited for jail time. One day in sober living will be credited towards one day of a jail sentence. A California DUI / DWI attorney will fight to make arrangements for sober living if the situation warrants it.

Inside the sober living environment, people must participate in structured daily activities and chores. The people living in a particular sober environment are responsible for the place they live in and must abide by the rules. Alcohol addiction education and treatment will also be available in sober living environments. Sober living environments can help individuals with substance abuse address their problems among people struggling with the same issues. For many individuals, stays in sober living homes help to eventually solve a long-term problem with alcohol or drugs.

If a person is staying in a sober living environment, not only will days spent there be credited towards jail time, but the cost of living there will also be credited towards fines that the court may have imposed on the driver. The court has the discretion to make such arrangements. Typically a California criminal defense attorney will provide the judge with good reasons to allow the fines to be credited for money spent on sober living.

For some individuals, sober living environments a better and healthier alternative than jail or even house arrest. An experienced California DUI / DWI defense attorney can provide more information about the viability of sober living environments for their clients.

A California driving under the influence of marijuana trial consists of six phases: jury selection, opening statements, witness testimony and cross-examination, closing arguments, jury instruction and jury deliberations. An individual accused of this offense should immediately contact an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) cases who will exude competence and skill during the trial (as well as during all other proceedings) at all times.

Jury selection is, perhaps, the most important phase of a DUI trial, as this is where the attorneys make their first impressions on the jurors. The judge (and usually the prosecutor and defense attorney) have the opportunity to question the jurors about their attitudes, beliefs and biases as they relate to driving under the influence and marijuana use in general. After hearing the responses, both attorneys have the right to ask the judge to excuse jurors “for cause,” which means that the juror cannot fairly judge that trial or on a “peremptory” basis, which means that the attorney can ask the judge to excuse the juror for any non-discriminatory reason.

Opening statements are the attorneys’ first opportunity to tell the chosen jury what they expect the evidence to show. This is where the jurors are basically given a “preview” of what is to come. No witnesses, evidence or arguments are permitted during this phase. The prosecutor (who bears the “burden of proof” which, in a criminal trail, is “beyond a reasonable doubt”) gives his or her statement first and then the defense lawyer may either give his or her opening statement, reserve it until the prosecutor has concluded his or her case or may waive it altogether.

Witness testimony and cross-examination comprises the bulk of the trial. Also known as the “case-in-chief,” it is the part of the trial where each side presents their witnesses and evidence, has a chance to cross-examine the other party’s witnesses and has a chance to rebut the other’s evidence. This is where the arresting officer testifies about the defendant’s driving pattern, his or her physical appearance, the field sobriety tests and any chemical test results. Again, because the prosecutor bears the burden, he or she goes first. It should be noted that the defense has no burden in a criminal trial, which means that the defendant does not have to put on a case and may simply choose to rebut evidence that the prosecution presents.

Closing arguments is when the attorneys “argue” their version of the events. The prosecution attempts to show why he or she has met the burden of proving the defendant guilty, and the defense lawyer argues that the prosecutor didn’t meet that burden. He or she then argues all of the defenses that were applicable to the case. This is both attorneys last chance to speak to the jurors before they return their verdict. The prosecutor goes first, followed by the defense and is then given a final opportunity to rebut the defense’s argument.

Jury instruction consists of the judge telling the jurors what laws they must follow when judging the defendant. Before the jurors are instructed, both parties meet with the judge to decide which instructions will apply. Once the instructions are read, the case “goes to the jury”.

Jury deliberations take place when the jury meets, in private, to discuss the evidence and defenses that were presented. This is their first opportunity to discuss the case, as they have been forbidden from doing so up until this point. California D.U.I.D. trials require that the accused must be unanimously found guilty in order to be convicted. If even one juror disagrees with that verdict, the judge declares a “mistrial” and may either order the case to be re-tried (typically unlikely in a misdemeanor DUI) or may dismiss it entirely.

The outstanding California DUID attorneys at The Kavinoky Law Firm know the most effective ways to prevail during trial. To learn more, contact them today for a free consultation.

Alcohol Education Programs in Imperial 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 Imperial County, California:

Imperial Valley Safety Services
(Service Provided: First Offender)
480 Olive Avenue,
Suite 3A,
El Centro, California 92243
Phone: 760-353-7780; Fax: 760-353-7784

Sober Road, Inc.
(Service Provided: 18 Month)
395 Broadway Avenue,
Suite 11,
El Centro, California 92243
Phone: 760-352-8888; Fax: 760-352-8517

» 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 Orange 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 Orange County, California:

School Ten, Inc.
(Service Provided: 18 Month)
1136-B N. Gilbert Street,
Anaheim, California 92801
Phone: 714-772-3620; Fax: 714-490-6133

School Ten, Inc.
(Service Provided: 18 Month)
2384 E. Orangethorpe Avenue,
Anaheim, California 92806
Phone: 714-871-9460; Fax: 714-871-5067

School Ten, Inc.
(Service Provided: 18 Month)
9555 Garfield Avenue,
Suite J,
Fountain Valley, California 92708
Phone: 714-964-1412; Fax: 714-964-2862

School Ten, Inc.
(Service Provided: 18 Month)
1772 S. Main Street,
Santa Ana, California 92707
Phone: 714-547-7571; Fax: 714-547-0774

School Ten, Inc.
(Service Provided: First Offender, 18 Month)
6156 Garden Grove Boulevard,
Westminster, California 92683
Phone: 714-891-3608; Fax: 714-897-4425

School Ten, Inc.
(Service Provided: 18 Month)
1111 Town & Country,
Suite 25,
Orange, California 92868
Phone: 714-550-0988; Fax: 714-550-9464

Gold Coast Counseling Center, Inc.
(Service Provided: 18 Month)
2950 Airway Avenue,
Suite B3,
Costa Mesa, California 92626
Phone: 714-641-0532

Gold Coast Counseling Center, Inc.
(Service Provided: 18 Month)
26081 Merit Circle,
Suite 123,
Laguna Hills, California 92653
Phone: 949-347-8885

Academy Of Defensive Driving, Inc.
(Service Provided: 18 Month)
31726 Rancho Viejo Road,
Suite 120,
San Juan Capistrano, California 92675
Phone: 949-240-0115; Fax: 949-443-5018

Academy Of Defensive Driving, Inc.
(Service Provided: First Offender)
2000 Quail Street,
Newport Beach, California 92660
Phone: 949-752-0710; Fax: 949-752-0705

National Council On Alcoholism
(Service Provided: First Offender, 18 Month)
22471 Aspan Street,
Suite 103,
Lake Forest, California 92630
Phone: 949-770-1191; Fax: 949-770-4660

Santa Ana DDP
(Service Provided: First Offender, 18 Month)
1631 North Bristol Street,
Suite 300,
Santa Ana, California 92706
Phone: 714-835-4252; Fax: 714-560-1680

National Traffic Safety Institute
(Service Provided: First Offender)
2100 East 4th Street,
Suite 110,
Santa Ana, California 92705
Phone: 714-953-5200

K.C. Services, Inc.
(Service Provided: First Offender)
1060 Brookhurst Road,
Fullerton, California 92833
Phone: 714-449-1339; Fax: 714-449-1289

ABC Traffic Programs
(Service Provided: First Offender)
1501 N. Raymond Avenue,
Suite C-D,
Anaheim, California 92801
Phone: 714-563-8999; Fax: 714-563-8995

ABC Traffic Programs
(Service Provided: First Offender)
2901 W. MacArthur Boulevard,
Suite 207,
Santa Ana, California 92704
Phone: 714-429-9909; Fax: 714-429-9911

» 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 Siskiyou 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 Siskiyou County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
1263 South Main Street,
Yreka, California 96097
Phone: 530-222-8302; Fax: 530-222-5872

» 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.

In California, an arrest for a DUI triggers two cases. One case is in the criminal courts. The other is a Department of Motor Vehicles (DMV) case. A California DUI lawyer can handle both cases. Due to a recent change in California law, courts can no longer suspend a driver’s license. Only the DMV can suspend a driver’s license. The DMV will suspend a driver’s license upon a finding of Guilty at the DMV hearing or in the criminal case.

A DMV hearing must be requested within ten days of a drunk driving arrest in California. If a hearing is not requested in a timely manner, one may not be granted. Ten days means ten calendar days. Weekends and holidays count as part of the ten days. Failure to request a hearing will result in an automatic thirty-day suspension of driving privileges. Drivers from out-of-state should request a hearing too. Under the Interstate Driver’s License Compact an out-of-state driver may have his or her driving privileges suspended as well.

An Administrative Per Se Hearing (APS) or DMV hearing follows an arrest for driving under the influence. Generally, the two major issues at an APS hearing are whether the driver submitted to a chemical test or whether the driver refused a chemical test. If the test was submitted to, the hearing will be about the legitimacy of the tests. If there is alleged refusal, the hearing will concern whether the driver was properly warned of the consequences of refusal, among other considerations.

Where the chemical test was done, three issues arise. The first is whether the officers had reasonable cause that the driver was under the influence. Second is whether the arrest was lawful, and the third issue is whether the driver’s blood alcohol content (BAC) levels were above the legal limit at the time of driving.

Where there was no chemical test and the issue is refusal, it must be found out whether the driver was properly warned of the consequences of refusal. It must then be determined whether the driver refused the test after having been warned of the consequences. Refusal to submit to the chemical tests pursuant to the Implied Consent Law will result in longer license suspensions than are handed down to those who do consent to the tests. For example, a typical suspension for a first-time DUI can be four months, while those who refuse to test will get a one-year suspension with no leniency to allow for driving to work.

The Department of Motor Vehicles hearing differs from criminal court action in that the judge and the prosecutor are the same person. Furthermore, the DMV hearing is a process that is civil and not criminal in nature, and therefore fewer constitutional protections are available. Generally,a skilled and experienced California DUI Lawyer will review the circumstances of the arrest through the police reports and the chemical tests in order to launch an attack on the evidence at the DMV hearing as being hearsay, and therefore inadmissible. If the assault on the evidence is successful, a suspension of driving privileges will not occur.