The DMV Hearing Process

At the Department of Motor Vehicles hearing, the DMV carries the burden of proof. This means that they must answer all three issues in the affirmative. The evidentiary standard is the preponderance of the evidence. This low legal standard is applicable in administrative civil hearings such as the DMV hearings. At the hearing, the judge who occupies the role of prosecutor too, will to begin entering into evidence the arresting officer’s statement and other evidentiary documents.

A DUI / DWI defense attorney will work to keep the police statement and other documents out of evidence. The attorney will rely primarily on the hearsay objection. A document is can be considered hearsay when a “statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” That is the definition of hearsay in the Federal Rules.

Most states, including California, have hearsay rules that say substantially the same thing. What they say in lay terms is simply that a statement cannot be submitted into evidence unless the person, who made the statement, testifies to that statement in court while under oath. There are exceptions to the hearsay rule. If a police officer files a statement during the course of official duty, the report can be submitted in as evidence. However, if the arrest was unlawful in any way, then the officer was acting outside of the course of official duty. If the officer was acting outside of official duties, the exception to the hearsay rule does not apply, and therefore officer statements may be inadmissible.

If a police report is incomplete or incorrect in some ways, then the document will be inadmissible. But these reports are not the only things that can be submitted into evidence. Forensic alcohol experts may be called to testify. Their testimony will be based on the science related alcohol absorption and elimination and a driver’s BAC at the actual time of driving.

Witnesses may testify at Department of Motor Vehicles hearings. A defense attorney skilled in drunk driving cases will decide if this is the best approach. Oftentimes witness testimony is not required. Generally, witness statements can be substituted by declarations. Declarations are sworn written statements.

Title 17 requires that blood and breath tests be trustworthy and have established rules related to the establishing the trustworthiness of these chemical tests. A California criminal defense attorney with vast experience in DUI / DWI cases can attack the evidence as being untrustworthy. If the tests are proven to be untrustworthy, they will be inadmissible and would result in a non-suspension of driving privileges.

Once the all admissible evidence has been put on the record, the judge will take the case under submission. The judge will hand down one of two possible rulings. The case may be set aside which means there will be no suspension or limitations on will be placed on the driver’s license.

If the case is not set aside, then the driver’s license will face revocation, suspension, or some sort of restriction. It is likely that the driver will be ordered to attend and successfully complete alcohol education classes. The length of suspension and degree of restriction on a license is dependant on the driver’s history. Past DUI or violations will increase the sanctions. Furthermore, a driver may be required to file formal proof of insurance with the DMV. This is done with the filing of an SR-22 form.

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.

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.

California Marijuana Laws – Under the influence, defined

Everyone knows that driving under the influence of alcohol is prohibited in every state. What everyone doesn’t know – or at least, doesn’t realize – is that driving under the influence of marijuana is also illegal. Both types of criminal investigations are conducted in much the same way and both are prosecuted in much the same way. Similarly, the penalties for driving under the influence of marijuana are the same as for driving under the influence of alcohol, which can be quite severe, even for a misdemeanor first offense. This is simply one of the reasons why an individual accused of this offense must immediately contact a skilled, California DUI attorney who specializes in drug offenses and who can begin building a vigorous defense.

In order to convict an individual for driving under the influence of marijuana (also known as driving under the influence of drugs – DUID – “drugging and driving” and “drugged driving”), the prosecutor must prove that, as a result of the drug, the driver’s nervous system, brain or muscles were impaired (to an appreciable degree) in that he or she no longer had the ability to drive a car in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties and using reasonable care, would have under similar circumstances.

To determine whether a suspected driver is under the influence of marijuana, an officer will look for certain signs, which include the manner in which he or she drove, any physical signs or symptoms of impairment and his or her performance on the field sobriety tests (FSTs). The prosecution will rely on the officer’s testimony describing these conditions when he or she presents the case to the jury and will additionally use the results of the accused driver’s blood or urine test to show that there was marijuana in the defendant’s body at the time of the driving (assuming the test confirmed that suspicion).

An individual who is under marijuana’s influence may display certain characteristics that the arresting officer will focus on, even if they could be explained by factors that are unrelated to drug use. For example, during the first couple hours of intoxication, one might have a limited attention span, have unsteady lane control, an inconsistent following distance and a slower reaction time. Physical symptoms may include an increased heart rate, dryness of the mouth and red eyes. However, any of these conditions could be related to stress, fatigue or illness, which are just a few of the arguments that a good defense attorney would make to discredit the arresting officer.

Experienced criminal attorneys usually hire a criminalist to testify that marijuana’s effects on driving are relatively small and significantly less than that of alcohol. He or she will therefore attempt to discredit an officer who testifies that the effects of the marijuana were so pronounced that the driver was clearly under its influence. The criminalist will further point out the fact that the presence of marijuana in one’s system doesn’t necessarily indicate recent use, because marijuana lingers in the body long after its affects wear off. As a result, he or she will argue that this is one of the problems with chemical testing in a D.U.I.D. case, as positive results don’t indicate anything other than the fact that the driver used the drug at some point in time.

The key to beating this charge lies in the hands of a criminal attorney who truly understands all of the intricacies involved in this type of case – the issues that a DUI presents and the issues that marijuana use presents. The outstanding attorneys at The Kavinoky Law Firm will provide the most comprehensive defense possible, as they receive ongoing training and education with respect to California’s D.U.I. laws and marijuana. They maintain an excellent reputation for success and pride themselves on exceeding client expectations. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Alcohol Education Programs in Inyo 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 Inyo County, California:

Inyo County Substance Abuse Services
(Service Provided: First Offender, 18 Month)
162 Grove Street,
Bishop, California 93514
Phone: 760-873-6533; Fax: 760-873-3277

» 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.