Second Time Offenders and the DMV Hearing

A driver who is arrested for a DUI / DWI in California will require the counsel of a California criminal defense attorney with vast experience in DUI / DWI cases. An attorney will be needed for those who are looking to protect their driving privileges in California. In California there is both a DMV hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of the drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

The two most important factors in a DMV hearing will be whether there are prior driving under the influence violations on the driver’s record, and whether there was a refusal to submit to chemical tests. In the case of a prior offense, the prior offense must have occurred within ten years of the current case. If there was a refusal to submit to the chemical tests following a driver’s arrest, a second time drunk driving violation will carry an automatic two year suspension and there will be no opportunity of getting a restricted license to allow for travel to and from work.

The sanctions on a driver’s license for a second time offender who did submit to the chemical tests will typically be a one year suspension of driving privileges with the possibility that there be conditions that allow the driver to drive to and from work and alcohol education classes. The driver will be required to file formal proof of insurance with the Department of Motor Vehicles. This is done with the filing of an SR-22 form.

In order for any sanctions against a driver’s license such as restriction, suspension, or revocation can take place following a DMV hearing, the Department of Motor Vehicles hearing officer must consider three issues, and be satisfied with each of the three issues. Briefly, those issues include whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver’s BAC was above the legal limit at the time of driving.

The Department of Motor Vehicles is the only authority in California to suspend a person’s driving privileges. Criminal courts no longer have this authority in California. But, when a driver is convicted of a DUI / DWI in California, the DMV will find out. Once the DMV has found out that a driver was convicted of a second driving under the influence offense in 10 years, the driver’s license will be automatically suspended for two years. This two year suspension will run concurrently with the original two year suspension given to the second time drunk driving offender after the DMV hearing. The Department of Motor Vehicles will also require the installation of an ignition interlock device and eighteen to thirty months of alcohol education classes.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.

Superior Court Of California, County of Lake

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.

Lake County Superior Court
255 N. Forbes Street, Lakeport, CA 95453

Clearlake Division
7000 A South Center Drive, Clearlake, CA 95422

» Lake 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 Santa Cruz

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.

Santa Cruz Superior Court
1701 Ocean Street, Santa Cruz, CA 95060

Watsonville Court
1430 Freedom Blvd., Watsonville, CA 95076

» Santa Cruz 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

A DUI charge generates two different cases – with the DMV and the court. Criminal court cases are resolved in two different ways – through a plea bargain or with a trial. If a driver pleads guilty to a DUI charge, or is convicted by a jury, the court case moves on to the sentencing phase.

The punishment attached to a DUI  conviction varies, depending on the factors of the case. An experienced California drunk driving criminal defense lawyer can guide a driver through the legal system to ensure that a he or she receives the best defense available and the fairest possible punishment if convicted.

Note: California has passed new DUI sentencing laws that affect offenses committed on or after Sept. 20, 2005. The new legislation removed the power of criminal courts to suspend or revoke licenses in drunk driving cases – that power now rests solely with the Department of Motor Vehicles. The legislation also imposed new rules that regulate the sentencing of those convicted of drinking and driving.

The possible punishments for drinking and driving or driving under the influence of drugs (DUID) include fines, license suspension or revocation, alcohol education programs, jail time, probation, and conditions of probation including ignition interlock devices and, in some states, special license plates.

Drunk driving punishments depend on whether it was charged as a felony or a misdemeanor; whether the driver’s blood alcohol content (BAC) was greater than .15 percent, and whether he or she has had other DUI convictions during the past 10 years.

Prior drunk driving convictions can have a dramatic impact on the punishment for a later DUI case. Multiple drinking and driving cases in a 10 year period greatly increase the likelihood that the driver will serve time. Jail time may be as little as 48 hours, or as much as one year in county jail.

Fines imposed for DUI  cases range from $390 to $5,000, but “penalty assessments” can greatly increase the base fine nearly threefold. The penalty assessment is a state tax written into California law, and is now greatly exceeds the fine. Currently, the penalty assessment is 171 percent, meaning that for a $100 fine, the total payment is $271. Pending legislation may increase the penalty assessment even more.

A driver’s license may be suspended for anywhere from four months for a first offense to three years for a third or fourth offense with a chemical test refusal. License suspensions stemming from a criminal conviction are different from those resulting from an unsuccessful DMV hearing. Only the DMV can actually suspend the license, and is the only agency that can grant a restricted license for travel to work.

Both courts and the DMV can order DUI drivers to attend alcohol education classes. The standard program for first-time offenders requires attendance at one three-hour session per week for 12 weeks, or approximately 36 hours of coursework. It may be possible to get a restricted driver’s license to allow for driving to and from the program.

Those convicted of a second drunk driving charge within 10 years are typically ordered to attend an 18-week program that begins with mandatory attendance at weekly sessions, gradually changing to every other week. Finally, there is a 30-month program for multiple offenders.

As a condition of probation, the judge may require the installation of an ignition interlock device. These devices are sophisticated systems attached to a vehicle’s ignition system that test for alcohol on a driver’s breath. If there is a measurable amount of alcohol in a driver’s breath, the car will not start.

Although some states have enacted legislation requiring the use of special license plates to identify convicted drunk drivers, California does not currently require special plates.

The penalties for drunk driving can be serious, and have a lifelong financial and personal impact. A skilled California attorney who specializes in DUI criminal defense can evaluate each case and devise a strategy that will result in the best possible outcome for anyone accused of drinking and driving.

Requesting a DMV Hearing in a DUI / DWI Case

Motorists arrested for DUI / DWI in California must take fast action to protect their driver’s licenses. The California Department of Motor Vehicles will automatically suspend a suspected drunk driver’s license in an administrative action if the motorist doesn’t request a hearing within 10 days of the arrest.

DMV administrative hearings are extremely complex and technical, and the odds are stacked against the driver, but it’s possible to successfully fight the DMV administrative per se action. The best chance of saving an accused driver’s license is to have a skilled attorney fighting for the motorist’s rights. A skilled defense attorney from the Kavinoky Law Firm who focuses on drunk driving defense can help a driver achieve the best possible outcome at a DMV hearing.

Because of recent changes in California drunk driving law, the criminal courts have no authority to suspend a license because of a driving under the influence conviction. That authority now rests solely with the California Department of Motor Vehicles. However, the DMV can suspend a driver’s license both after a DUI / DWI arrest and as punishment for a conviction.

The Department of Motor Vehicles administrative hearing following a drunk driving arrest is unlike a court trial in several ways. The most striking difference is that the individual who presents the evidence against the driver and the individual who decides the case are the same person. In criminal court, that would be like having the same person act as judge and prosecutor.

The standard of proof in a DMV hearing is also lower than in criminal court. In order to suspend the driver’s license, the DMV hearing officer must merely establish three things – that the arresting officer had reason to believe a crime occurred, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08 percent or greater.

The evidence presented by the DMV hearing officer typically consists of official reports such as the arrest report and the driver’s chemical test results. However, a skilled defense attorney can effectively challenge this evidence and bring in witnesses to contradict the DMV’s case.

Drivers accused of DUI / DWI in California who are licensed in other states may be unconcerned about losing their privileges here, but California’s participation in the Interstate Driver’s License Compact means that the motorist’s home state may learn about the arrest and suspend the license. The IDLC is an agreement among 45 states to share information about driving-related crime.

An experienced DUI / DWI criminal defense attorney from the Kavinoky Law Firm can advise any driver of whether his or her state has an administrative suspension process and plan a strategic attack to win the hearing. Whether the driver was arrested for DUI / DWI for the first time or has one or more drunk driving convictions on the record, the best chance of succeeding at a DMV hearing is with the help of an experienced defense lawyer.

A driver arrested for DUI / DWI in California is required by law to take a chemical test to determine blood alcohol content (BAC). Any driver who refuses to take a chemical test faces stiff consequences both at the DMV and at trial. In drunk driving trials, juries are given specific instructions on how to consider chemical test refusals.

Prosecutors typically use refusals as evidence of consciousness of guilt in driving under the influence cases. This type of tactic is necessary because the prosecutor doesn’t have any actual evidence showing the driver’s BAC. The typical argument is that the person arrested for DUI / DWI must have been drunk, or he or she would have agreed to a chemical test.

This prosecutorial strategy isn’t always effective. If jurors hear a valid reason for the refusal, such as injury, inability, or a desire to speak to a lawyer first, they often excuse the refusal. Because of this, prosecutors lose more refusal cases than any other type of DUI / DWI case. The skilled defense lawyers at The Kavinoky Law Firm can help defendants who refused chemical tests plan a strategy to convince a jury to excuse the refusal.

The California Jury Instructions (CALJIC) addresses refusals specifically:

• The law requires that any driver who has been lawfully arrested submit to a chemical test at the request of a peace officer who has reasonable cause to believe that the person arrested was driving under the influence.
• If the defendant refused to submit to such a test after a peace officer asked (him/her) to do so and explained the test’s nature to the defendant, then the defendant’s conduct may show that (he/she) was aware of (his/her) guilt. If you, the jury conclude that the defendant refused to submit to such a test, it is up to you to decide the meaning and importance of the refusal. However, evidence that the defendant refused to submit to such a test cannot prove guilt by itself.

These instructions are typically read to jurors preparing to deliberate California DUI / DWI cases. CALJIC also addresses the enhancement of punishment in a refusal case, even though the jury is told that they cannot be concerned with penalty or punishment in a DUI case:

• Driving under the influence or with a blood alcohol level of 0.08 percent or more AND failure to submit to or complete a test will result in suspension of (his/her) driving privilege for one year or revocation of (his/her) driving privilege for two or three years.

As the instructions make clear, jurors must decide for themselves whether a driver’s refusal of a chemical test constitutes consciousness of guilt, and whether it can be excused. There may be a valid reason for a refusal that can be excused, and help to minimize or even eliminate the consequences of a drunk driving case. A qualified California lawyer who focuses on DUI / DWI defense will thoroughly evaluate a refusal to determine whether a valid reason existed to decline a chemical test.

In California, anyone who drives after ingesting drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, driving under the influence of drugs is prosecuted in practically the same way as cases involving driving under the influence of alcohol. DUID is a serious charge that carries harsh repercussions, and requires qualified legal counsel. A California attorney experienced in defending DUID cases can fight the case from beginning to end and can achieve a favorable result for a driver accused of driving under the influence of drugs.

In DUID cases, it does not matter if the driver is under the influence of a drug that is legal or illegal. Taking over-the-counter cold medicine can result in a DUID case. There is no requirement that the drug be a prescription drug. The only issue is whether the driver was under the influence of drugs such that they could not operate the vehicle with the same care as a sober person.

In a DUID case, a person is “under the influence” when they are unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances. A prosecutor must prove that the driver meets the legal standard for driving “under the influence.”

There is no legal limit or special number that indicates that a person is too impaired to drive. Therefore, results that indicate a certain amount of narcotics or other drugs in the driver’s system do not automatically mean that the driver was impaired. The prosecutor must prove impairment by way of other circumstantial evidence too. The prosecutor will introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results.

Once an arrest has been made in a case involving driving under the influence of drugs, California’s implied consent law requires that the driver submit to a chemical test. One may submit to a blood test, breath test, or urine test. The urine test is rarely used in drunk driving cases because it is a highly unreliable to test for alcohol, but it is more common in cases where drug use is suspected. If a driver fails to submit to a chemical test, he or she will face an automatic license suspension for one year.

An experienced California criminal defense attorney understands that urine tests are inherently unreliable. A drug like marijuana can stay in a person’s system for up to a month. Therefore, if a person smoked marijuana on a Monday and was arrested for driving under the influence of drugs on the next Friday, even if they hadn’t smoked since Monday, the urine test would come up positive for marijuana. This is true despite the fact that the driver was not actually under the influence of marijuana at the time of driving.

Typically, an investigation for driving under the influence of drugs will begin once a police officer who observes driver impairment concludes following a breathalyzer that the driver is not under the influence of alcohol. Some police agencies will automatically look into the results of blood and urine tests for traces of drugs when an impaired driver does not appear to be under the influence of alcohol.

When police suspect drug use, an officer who has received training as Drug Recognition Evaluator, or DRE will be called on to investigate. A California DUI lawyer will be able to challenge whether the officer is actually a qualified DRE because training and experience vary among officers. The DRE will investigate the driver for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The DRE may conduct further field sobriety tests in a well lit and controlled environment. The DRE will also ask the driver questions in order to elicit incriminating statements.

Drug use is not always easy to spot. Oftentimes, what may appear to be drug use could be a result of drowsiness, depression, or other mental or physical ailments. A qualified attorney experienced in DUID cases, will be able to investigate a case and come up with a plan to minimize any potential punishments.

When there is an accident involved in a drunk driving incident, the consequences for the convicted driver can be harsh. It will take a skilled DUI defense attorney and a crack team of independent experts to analyze the case thoroughly. The experts will investigate the underlying driving under the influence charge as well as completing a reconstruction of the accident.

It is essential to the California DUI defense lawyer to have an expert examine the accident scene and the vehicles involved as soon after the accident as possible. Crucial evidence may disappear if time is wasted. An expert in accident reconstruction will take photographs of the vehicles and the crash scene and will preserve any evidence that may be beneficial to the defense.

If the accident was unavoidable under any circumstances, then it follows that alcohol did not contribute to the crash .The accident reconstructionalist’s job is to establish what the events were that led up to the crash as well as to analyze the circumstances of the crash itself. Generally, the expert will be looking to establish that the crash was completely unavoidable.

Accident reconstruction involves an analysis of all vehicles involved in the crash. There will be an examination to determine whether there were any safety recalls that were not fixed that might have contributed to the accident. There will be a thorough investigation of the vehicles’ headlights, brake lights, and other safety equipment to determine whether everything was operating as it should at the time of the crash.

The accident reconstructionalist will look into weather conditions, road conditions, traffic patterns, and lighting in the area of the accident. Skid marks can be especially helpful because they can indicate whether the driver reacted to the coming danger or was not aware of the impending accident. Accident reconstruction also involves going over police reports and official diagrams to determine points of impact and other significant factors. Different marks on vehicles can be indicators of the way the accident unfolded.

An accident reconstructionalist is not limited to an examination of the accident scene. He or she may interview as many witnesses as possible, including the accused driver and any passengers in the driver’s car or in a different car.

In cases for driving under the influence of alcohol, the defense faces the police and prosecutors who have the resources to investigate every aspect of the accident in order to gather evidence against the defendant. An attorney who focuses on drunk driving criminal defense will engage the resources of independent investigators who will conduct forensic research and accident reconstruction to discover any evidence that points to the defendant’s innocence. An independent investigation by the California criminal defense attorney and his or her team of experts is extremely important when presenting a defense to DUI charges.

Alcohol Education Programs in Lake 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 Lake County, California:

Lake County DDP
(Service Provided: First Offender, 18 Month)
991 Parallel Drive,
Suite B,
Lakeport, California 95453
Phone: 707-263-8162; Fax: 707-263-9336

Lake County DDP
(Service Provided: First Offender, 18 Month)
7000-B South Center Drive,
Clearlake, California 95422
Phone: 707-994-6494

» 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 Sacramento 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 Sacramento DUI attorney.

Driving Under the Influence programs in Sacramento County, California:

Sacramento Drinking Driver Program
(Service Provided: Service Provided: First Offender, 18 Month)
4241 Florin Road,
Suite 110,
Sacramento, California 95823
Phone: 916-394-2320; Fax: 916-394-2453

Sacramento Drinking Driver Program
(Service Provided: First Offender, 18 Month)
3437 Myrtle Avenue,
Suite 420,
N. Highlands, California 95660
Phone: 916-338-6835; Fax: 916-338-6839

Galt Drinking Driver Program
(Service Provided: First Offender, 18 Month)
908 C Street,
Suite J,
Galt, California 95632
Phone: 209-744-2546; Fax: 209-744-8429

Safety Center, Inc.
(Service Provided: First Offender, 18 Month)
3909 Bradshaw Road,
Sacramento, California 95827
Phone: 916-366-7233; Fax: 916-366-1762

Breining Institute
(Service Provided: First Offender)
8880 Greenback Lane,
Suite A,
Orangevale, California 95662
Phone: 916-987-0662; Fax: 916-987-8823

Breining Institute
(Service Provided: First Offender)
7880 Alta Valley Drive,
Suite 160,
Sacramento, California 95823
Phone: 916-688-1163; Fax: 916-688-5021

Breining Institute
(Service Provided: First Offender)
2775 Cottage Way,
Suite 25,
Sacramento, California 95825
Phone: 916-972-8175; Fax: 916-972-1032

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
5777 Madison Avenue,
Suite 1290,
Sacramento, California 95841
Phone: 916-344-0359; Fax: 916-344-3864

AFTER/Parents United In Sacramento
(Service Provided: First Offender)
1025 19th Street,
Suite 2,
Sacramento, California 95814
Phone: 916-444-5680; Fax: 916-444-2185

» 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.