Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Freeway Cleanup

In California, driving under the influence of alcohol or driving while intoxicated is a crime that the law does not take lightly. While harsh penalties such as jail time, fines, and license suspensions are common sentences in such cases, the law in California does provide for alternative sentences. With the help of an experienced DUI / DWI lawyer, a driver may be able to get the benefit of alternative punishments that may be more suitable to the motorist’s particular drunk driving case.

One of the more common forms of community service is freeway cleanup. D.U.I. offenders who work in freeway cleanup do so by joining a Caltrans work crew as a condition of probation. Pursuant to a program known as good time/work time custody credits, hours spent working with Caltrans will be credited toward jail time a person would otherwise be serving. Each hour of cleanup will be equal to one hour of a jail sentence.

The Caltrans work day lasts eight hours and it involves picking up trash, clearing brush, and cleaning graffiti from walls along the freeways. The Caltrans work day usually begins at 6 a.m. in the parking lot of a Caltrans location, where workers board vans to travel to work sites. Caltrans work is available every day, although weekend slots are in high demand, so it’s important to arrive at the pickup site early to ensure a place in line. Failure to arrive on time may result in missing a whole day.

Freeway cleanup is generally offered as a condition of probation. The drunk driving offender is given a deadline to complete the required number of hours. If the hours are not completed on time, the offender will be in violation of probation and jail will become a serious possibility. Any DUI / DWI lawyer would warn a person to complete all programs and to not violate probation.

Caltrans is not always the most attractive alternative for a person who is convicted of driving under the influence or driving while intoxicated. However, for many people the option is better than time in jail. Caltrans can be done over time and will allow a person to live a pretty normal live in the meanwhile. Alternative sentences have been created to punish, but also provide a more productive activity than sitting in a jail cell. Oftentimes these alternative sentences help to clean up or improve a place, as well as allowing the offender to keep a job, an option that would not be available if jail was the only option.

Many California DUI / DWI attorneys recommend Caltrans work when it is available as an alternative sentence. It is not the only alternative sentence available. The court offers different options that should be considered in greater detail. Consult The Kavinoky Law Firm to find out if Caltrans freeway cleanup is an option for you.

Electronic monitoring

Electronic monitoring

Marijuana related offenses, in California, typically carry severe penalties that include probation, heavy fines and jail or prison sentences. When the charged offense was a non-violent one, the accused has more options with respect to sentencing that may allow him or her to avoid incarceration. A savvy criminal defense lawyer knows that alternative sentencing may be available and knows, under what circumstances, a judge is likely to grant a request for this type of sentencing, the most compelling arguments to use, to whom this type of sentencing applies and to what offenses is it applicable. This is simply one of the reasons why it is so important to contact the skilled attorneys at The Kavinoky Law Firm, as they are well-versed in alternative sentencing options and are dedicated to helping their clients avoid a jail or prison sentence.

Electronic monitoring (also commonly referred to as “house arrest”) is an example of a type of alternative sentence. When ordered, it allows a convicted defendant to serve his or her jail or prison sentence from the comfort of his or her home. Certain non-violent offenders who have been charged with marijuana crimes may request this type of relief, but only a truly experienced attorney knows the most convincing arguments that will persuade a judge that this type of sentencing is more appropriate than incarceration.

Electronic monitoring is closely supervised, since it has the potential for abuse. The individual who has been granted this type of relief is fitted with an electronic sensor (usually an ankle-bracelet) that is linked by telephone lines to a central computer that puts out a continuous signal. Depending on the facts of the individual case, the accused may be permitted to work, attend school, shop for groceries, do laundry and perform other personal errands and will generally be permitted to attend court-ordered programs (such as Narcotics Anonymous or another type of outpatient drug rehabilitation program) and his or her court appearances, so long as it is pre-approved by the court and/or the probation department. He or she must, however, return during the set “curfew” hours. If the signal is interrupted because the accused has gone beyond his or her authorized boundaries, the central computer records the date and time of the signal’s disappearance and reappearance. If the signal interruption occurred during a time when the individual wearing the bracelet should have been at home, the violation will be checked by the probation department and the individual may be subject to arrest, a probation violation and incarceration.

Electronic monitoring is actually a request that is granted by the probation department, not the judge, but the judge does play an important role in its implementation. The judge is the one who refers the case to the probation department, so it is he or she who must first be convinced that the defendant is a good candidate for this type of alternative sentencing before he or she will even make that referral. This is why it is imperative that the accused hires an experienced criminal attorney who knows how to persuade the judge to at least submit the case to the probation department.

The exceptional attorneys at The Kavinoky Law Firm have an in-depth knowledge about all of the alternative sentencing options that are available to their clients, which allows them to present the most gripping arguments to the judge that reveal why electronic monitoring is not only appropriate for their client, but for the court system and society as well. Because of this vast knowledge, they are also available to discuss the advantages and costs of this type of sentencing with their clients, to make sure that electronic monitoring, if requested, is right for each individual client. To learn more, contact these outstanding attorneys today for a free consultation.

Alcohol Education Programs in Fresno County, California

Alcohol Education Programs in Fresno 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 Fresno County, California:

D.A.T.E.
(Service Provided: First Offender, 18 Month)
1444 Fulton Street,
Fresno, California 93721
Phone: 559-268-6475; Fax: 559-268-6967

D.A.T.E.
(Service Provided: First Offender, 18 Month)
2640 Jensen Avenue,
Sanger, California 93657
Phone: 559-875-0249; Fax: 559-875-0276

Kings View Community Services
(Service Provided: First Offender, 18 Month)
4111 N. Golden State Boulevard,
Fresno, California 93722
Phone: 559-277-9880; Fax: 559-277-8998

Special Services Community Center
(Service Provided: First Offender, 18 Month)
855 West Ashlan Avenue,
Suite 101,
Clovis, California 93612
Phone: 559-348-0129; Fax: 559-348-1367

Special Services Community Center
(Service Provided: First Offender, 18 Month)
661 South Madera Avenue,
Kerman, California 93730
Phone: 559-846-8444; Fax: 559-348-1367

Special Services Community Center
(Service Provided: First Offender, 18 Month)
749 G Street,
Reedley, California 93654
Phone: 559-637-1036; Fax: 559-637-1036

» 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 Napa County, California

Alcohol Education Programs in Napa 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 Napa County, California:

Napa County DDP
(Service Provided: First Offender, 18 Month)
900 Coombs Street,
Room M16,
Napa, California 94559
Phone: 707-253-4264; Fax: 707-259-8039

» 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 Santa Cruz County, California

Alcohol Education Programs in Santa Cruz 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 Santa Cruz County, California:

Alto DDP
(Service Provided: First Offender, 18 Month)
10 Alexander Street,
Watsonville, California 95076
Phone: 831-728-2233; Fax: 831-728-0870

Alto DDP
(Service Provided: First Offender, 18 Month)
271 Water Street,
Santa Cruz, California 95060
Phone: 831-423-2003; Fax: 831-459-6504

Janus DDP
(Service Provided: First Offender, 18 Month)
200 7th Avenue,
Suite 150,
Santa Cruz, California 95062
Phone: 831-462-5267; Fax: 831-462-4970

Triad Community Services
(Service Provided: First Offender)
1000 A Emeline Avenue,
Santa Cruz, California 95060
Phone: 831-425-0112; Fax: 831-425-1847

» 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.

FUI Punishment

California Criminal Law – Flying Under the Influence (FUI / FWI) Punishment

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law at the discretion of the prosecuting agencies.

Crew members of civil aircraft are governed by the Federal Aviation Administration (FAA). The FAA rules state that no one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a BAC of .04 or greater or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot’s license.

Pilots of civil aircraft are subject to an Implied Consent Law. This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots arrested for driving under the influence face reporting requirements with the FAA. Pilots must report driving under the influence convictions or DMV driver’s license suspensions to the FAA within 60 days. Anyone who fails to report a conviction or driver’s license suspension faces revocation of his or her pilot’s license.

In most cases, a pilot who reports a DUI / DWI conviction or driver’s license suspension to the FAA does not lose his or her pilot’s license. The pilot generally is required to undergo a substance abuse or psychiatric evaluation. Depending on the results, the pilot may be required to enroll in a substance abuse treatment program, submit to close monitoring by the FAA, or undergo random drug or alcohol testing.

The laws surrounding FUI / FWI are complex and challenging because pilots must follow both state law and the Federal Aviation Regulations, or FARS, governed by the Federal Aviation Administration. It is important for criminal defense attorneys who practice in FUI defense in California to be completely up-to-date with all the laws and regulations.

Because of the strict penalties imposed against pilots for flying under the influence and DUI / DWI, it’s critical to have excellent legal representation. A lawyer with experience defending flying under the influence cases can mount an aggressive defense and keep consequences to a minimum.

Superior Court Of California, County of Imperial

Superior Court Of California, County of Imperial

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.

Imperial County Superior Court
939 Main Street, El Centro, CA 92243

Brawley Courthouse
220 Main Street, Brawley, CA 92227

Calexico Courthouse
415 East 4th Street, Calexico, CA 92231

Winterhaven Court
2124 Winterhaven Drive, Winterhaven, CA 92283

» Imperial 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 Diego

Superior Court Of California, County of San Diego

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.

San Diego County Superior Court
220 West Broadway, San Diego, CA 92101

Hall of Justice Courthouse
330 West Broadway, San Diego, CA 92101

Family Law Courthouse
1555 Sixth Avenue, San Diego, CA 92101

Madge Bradley Courthouse
1409 Fourth Avenue, San Diego, CA 92101

Kearny Mesa Courthouse
8950 Clairemont Mesa Blvd., San Diego, CA 92123

Juvenile Courthouse
2851 Meadowlark Drive, San Diego, CA 92123

East County Regional Center
250 East Main Street, El Cajon, CA 92020

North County Regional Center
325 South Melrose, Vista, CA 92081

South County Regional Center
500 3rd Avenue, Chula Vista, CA 91910

Ramona Branch
1428 Montecito Road, Ramona, CA 92065

» San Diego 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 Yolo

Superior Court Of California, County of Yolo

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.

Yolo County Superior Court
725 Court Street, Woodland, CA 95695

» Yolo 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

New Sentencing Laws

New DUI / DWI Sentencing Laws in California

California has created new laws regarding driving under the influence cases. If the driving under the influence or the driving while intoxicated happened on September 20, 2005 or later, the driver will be subject to the new laws. Leave it up to a qualified California DUI / DWI attorney to sort out the differences for you. To have your case evaluated contact The Kavinoky Law Firm.

Before the new law took effect, both the courts and the Department of Motor Vehicles could suspend driver’s license. Now that is not the case. Only the DMV may suspend or restrict a driver’s license. The DMV will suspend or restrict a license following a DMV hearing (administrative per se hearing) or once the D.M.V. has information regarding a drunk driving conviction in the criminal courts. A DUI / DWI lawyer can handle both criminal court and Department of Motor Vehicles hearings.

The new laws in California provide for the DMV to automatically suspend a driver’s license for six months for first time DUI offenders. The driver may request a restricted license to allow for driving to work and to alcohol education classes. Previously, there was a one month wait before a driver could request a restricted license. Now the restricted license may be requested immediately.

Previously, in deciding the length of alcohol education classes, the courts would use a blood alcohol content of .20 percent as their magic number. Now the magic number is .15 percent, which means that any driver whose BAC is .15 percent or higher should expect the possibility of extended education programs.

Generally in a DUI / DWI case a driver is offered probation instead of jail time. There are still some cases where even if a driver accepts probation, the judge may impose a jail sentence. The new California law requires that a driver who refuses probation to serve a mandatory 96 hour jail sentence. 48 hours of that sentence must be served consecutively. The remaining 48 hours must be served within six months of the sentence. A California criminal defense attorney will be able to advise a client convicted of drunk driving on whether or not to accept probation or to take the jail sentence.

Whether or not a driver accepts or rejects probation, fines will still be imposed on the first time offender. The first time offender will face fines ranging from $390 to $1,000 plus penalty assessments. Penalty assessments will practically triple the fine. The current rate for the penalty assessment is 171 percent of the fine.

The second time offender, meaning a driver who has a prior DUI or wet-reckless conviction within 10 years of the second charge, will face an automatic two year license suspension by the DMV. After one year of the license suspension a driver can apply for a restricted license so long as the driver is signed up for alcohol education classes, files a proof of insurance, has an ignition interlock device and has paid all the costs associated with the conditions. It used be the case that a victory at a DMV hearing would mean no suspension of the license for a second time offender, so long as the court also agreed to a restricted license, but times have changed.

Second time offenders will face 10 days in jail or a 96 hour jail sentences even if they accept probation. If probation is declined by the driver, the driver will face a jail sentence of 90 days to one year. Work release or alternative sentences may be appropriate and a California criminal defense attorney will work to achieve such alternative punishments where appropriate.

While third and fourth time offenders are not affected by the new California legislation, drunk drivers or drivers otherwise intoxicated who cause injuries to another do face new regulations. Those new regulations include five days to one year in jail, alcohol education classes, and fines even if the driver accepts probation. When probation is not accepted by the driver, the jail sentence will range from 90 days to one year. The license of a drunk driver who injures another person will be suspended for a full year with no opportunity for them to seek a restricted license.

If a second time DUI / DWI offender injures a person while driving under the influence of alcohol or drugs, that driver will face a 30 day to one year jail sentence with alcohol education classes, or 120 days to one year in jail with no education courses. These sentences apply if the driver chooses probation. When a driver declines probation they will face 120 days to one year in jail. Any second time offender who injures another will also face a three-year suspension of their driver’s license with a possible restricted license following 18 months if the driver has completed 18-months of alcohol education classes. Fines will also be applied whether the driver accepts probation or not.

The new laws in California drunk driving cases require the expertise of a California DUI / DWI attorney if a person seeks to have the best possible outcome. The new laws affect the courts and the DMV and pose unique issues that should be handled by professionals.