Alcohol Education Programs in Tehama 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 Tehama County, California:

Right Road
(Service Provided: First Offender, 18 Month)
645 Antelope Boulevard,
Suite 20,
Red Bluff, California 96080
Phone: 530-529-2445; Fax: 530-529-2027

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Superior Court Of California, County of Butte

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.

Butte County Superior Court
One Court Street, Oroville, CA 95965-3303

Chico Courthouse
655 Oleander Avenue, Chico, CA 95926

Downtown Courthouse
1931 Arlin Rhine Drive, Oroville, CA 95965-3303

Gridley Courthouse
239 Sycamore Street, Gridley, CA 95948

Paradise Courthouse
747 Elliott Road, Paradise, CA 95969

» Butte 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 Mariposa

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.

Mariposa County Superior Court
5088 Bullion Street, Mariposa, CA 95338

» Mariposa 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 Solano

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.

Solano County Superior Court
Hall of Justice
600 Union Avenue, Fairfield, CA 94533

Vallejo Branch
321 Tuolumne Street, Vallejo, CA 94590

» Solano 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

California Criminal Defense Attorney – Driver’s License Suspensions

DUI / DWI convictions carry a host of penalties, including fines, jail sentences, mandatory alcohol education classes, and driver’s license suspensions. Because the penalties for drunk driving can be so severe, it’s important to be represented by an experienced California attorney who focuses on DUI / DWI defense.

In the past, the driver’s license could be ordered suspended by one of two entities – the DMV or the court. However, California passed new legislation that removed the court’s authority to suspend or revoke licenses on cases that occurred on or after Sept. 20, 2005. The authority to suspend California driver’s licenses now rests solely with the DMV.

To make things even more complex, the Department of Motor Vehicles can suspend a license based on the outcome of two separate events – a DMV administrative per se (APS) hearing or a criminal conviction.

After a drunk driving arrest, the DMV hearing is undoubtedly the most pressing concern as far as the driver’s license is concerned. A driver has only 10 days from the date of arrest, including weekends and holidays, to request an APS hearing. If the driver doesn’t request a hearing before the deadline passes, it’s very unlikely that one will be granted.

DMV hearings are unusual in that the DMV employee who presents the evidence (the “prosecutor”) and the DMV employee who weighs the evidence (the “judge) are the same person. The hearing administrator, who isn’t even a judge or a lawyer, decides the case based on a preponderance of the evidence, which is a much lower standard of proof than employed in a criminal trial. If the administrator concludes after looking at a police report and a chemical test result that a motorist was driving under the influence of alcohol, the license is suspended. That’s why it’s imperative to be represented by a qualified drunk driving defense lawyer at the APS hearing.

The new legislation brought changes to the way license suspensions are handled after a drunk driving criminal conviction. Under the new law, if the DMV receives notice that a driver has been convicted of a first-time DUI / DWI, it immediately suspends his or her license for six months. Previously, the court could order the license suspended, but only the DMV could actually restrict an individual’s driving privileges. Now the court has no authority over license suspensions.

As in other aspects of a DUI criminal case, there is a 10-year “washout” period for drinking and driving, meaning that any subsequent drunk driving arrests within 10 years of a first arrest are treated as multiple offenses with enhanced penalties. However, if 10 years pass after a first arrest, and the driver is again arrested on a drinking and driving crime, the later arrest is treated as a first-time DUI.

In the past, a driver whose license was suspended because of a first-time DUI / DWI conviction had to wait for one month to apply for a restricted license to drive to work and alcohol education classes. Under the new law, a first-offense DUI offender whose license is suspended by the DMV because of a drunk driving conviction can apply for a restricted license immediately.

For a second-offense DUI conviction, the DMV will suspend the driver’s license for two years, with the possibility of obtaining a restricted license after one year if the driver is enrolled in the appropriate alcohol education classes. Third- and fourth-offense drunk driving convictions will result in a three-year suspension, with the possibility of a restricted license after 18 months with enrollment in alcohol education classes.

A DUI / DWI with injury is charged as a felony and will result in longer license suspensions. A first-time DUI with injury will prompt the DMV to suspend the driver’s license for one year, with no opportunity for a restricted license. A second-offense DUI with injury will bring a three-year license suspension, with an opportunity for a restricted license after 18 months if the driver has completed an 18-month alcohol program.

One quirky aspect of California’s new drunk driving legislation affects individuals with commercial driver’s licenses – anyone convicted of DUI / DWI while driving a commercial vehicle whose non-commercial license suspended is not eligible for any type of restricted license. Additionally, any commercial driver convicted of a first-offense DUI loses his or her commercial license for one year. After a second offense, the commercial license will be revoked for life.

Because a DUI / DWI conviction can imperil an individual’s driving privileges, it’s essential to contact a California attorney experienced in drunk driving defense who can fight against license suspensions and other consequences of drinking and driving convictions.

Any attorney who successfully fights California DUI / DWI charges is well-versed in how alcohol affects the human body. Although every individual metabolizes alcohol differently – the rate depends on factors that include weight, gender, metabolic rate, etc. – the basic process is the same for everyone. The skilled defense attorneys from The Kavinoky Law Firm have the knowledge needed to analyze the factors in a specific case to challenge chemical tests and craft a successful defense.

Many drivers are unaware that alcohol is a central nervous system depressant. How much the central nervous system function is impaired is directly proportionate to the concentration of alcohol in the blood.

There are three stages of alcohol metabolism: Absorption, distribution, and elimination.

Absorption is the phase when alcohol enters the body, and then the bloodstream, and is distributed throughout the body. Alcohol is not digested like other ingested substances – it is absorbed unchanged directly through the stomach lining. Because of its large surface area, the small intestine absorbs much more alcohol than the stomach, which has a far smaller surface area.

As the alcohol is absorbed, the individual’s blood alcohol content (BAC) rises until it reaches a peak concentration, then gradually tapers off. It generally takes 30 to 60 minutes to reach peak alcohol levels after an individual stops drinking.

Once the alcohol is absorbed by the gastrointestinal tract, it enters the bloodstream and is distributed through all of the body’s water-containing components. Because it is distributed so quickly and thoroughly, alcohol affects the central nervous system even in small concentrations.

Alcohol is distributed to bodily tissues by the bloodstream. Veins carry the blood to and through the lungs where the blood becomes oxygenated. Arteries then carry the oxygen-rich blood to the brain and the rest of the body. Alcohol is completely soluble in water, so BAC is directly proportional to total body water content. Water content varies from person to person.

Generally speaking, the less an individual weighs, the more he or she will be affected by alcohol. This is because smaller people have less water in their bodies than larger people. For people of the same weight, a well-muscled individual will be less affected than someone with a higher percentage of fat, since fatty tissue does not contain very much water and will not absorb very much alcohol.

In general, women are more affected by alcohol consumption than men, because women’s bodies typically have more fat and less water in their bodies. About 68 percent of a man’s body weight is water, while only about 55 percent of a woman’s body is water weight.

The body begins to eliminate alcohol through metabolism, excretion, and evaporation approximately 15 to 45 minutes after a person consumes his or her last drink. Metabolism, which occurs in the liver, accounts for approximately 95 percent of alcohol elimination. An individual generally metabolizes one average drink, or five ounces of alcohol, per hour.

In addition to gender, body weight, and other factors affecting metabolic rates, there are several additional issues that affect alcohol metabolism. Individuals who are in good health metabolize alcohol more efficiently than unhealthy people. Chronic alcoholics whose livers function properly metabolize alcohol more quickly than the average person. Younger people process alcohol more efficiently than older people.

Excretion and evaporation eliminate a small amount of alcohol from the body. Alcohol is excreted unchanged through urine, tears, sweat, semen, and saliva. Excretion is typically responsible for the smell of alcohol detectable on individuals who have been drinking. Alcohol evaporates from the blood into the lungs and is excreted in breath, allowing it to be measured in a breath sample.

Alcohol elimination rates are inversely proportional to alcohol concentration in the blood. This means that the higher the blood alcohol levels, the slower the rate of elimination.

Although alcohol is excreted in the breath, not all of the air that comes from the lungs is equal in alcohol concentration. The highest concentration comes at the end of a long exhalation of breath, where the air was in closest proximity to the blood. This is why police tell drivers to blow long and hard during breath testing, because the deep lung air will have the highest concentrations of alcohol, and result in the highest BAC.

Eating before drinking or consuming food and alcohol together also affects the amount of alcohol in the bloodstream. Food in the stomach affects the absorption of alcohol by the small intestine, so the more an individual has in his or her stomach while drinking, the lower the BAC. A valve at the bottom of the stomach closes when there is food in the stomach and prevents alcohol from reaching the small intestine. This causes the alcohol in the stomach to be absorbed at a slower rate, which affects the distribution into the bloodstream, and ultimately the rate of elimination.

Although many factors influence an individual’s alcohol metabolism, police and prosecutors don’t always take these issues into consideration when considering a drunk driving charge. An individual’s alcohol metabolism rate is of key importance in a drinking and driving case, because chemical tests typically take place an hour or more after police stop a driver, and the person’s BAC at the time of driving must be estimated.

A qualified California attorney with experience defending DUI / DWI cases can use these factors to a driver’s advantage, and successfully fight a drunk driving case.

Per Se Law as an Element of a California DUI / DWI

The per se law operates in a way such that if it can be proven that a motorist’s blood alcohol content was .08 percent or greater at the time of driving then as a matter of law, it is illegal for that person to drive. The question of a person’s blood alcohol content level is not a question of whether a person was impaired. However, someone’s blood alcohol level can be used as circumstantial evidence that that person was too impaired to drive.

In defending a charge under the per se law, the focus will be on the accuracy of the blood alcohol test or the breath test. An experienced DUI / DWI attorney who has advanced knowledge and training in field sobriety testing will be able to present facts, theories, and technical reasons that can effectively cast doubt on the results of the sobriety tests and create a chance for their client to beat the charge.

Oftentimes, a prosecutor will try to argue that blood alcohol content levels that were measured in a test at the police station long after the motorist was driving is an indication that the motorist had that same blood alcohol content at the time he or she was driving. Well, science indicates that this is not certain to be the case.

Skilled DUI / DWI attorneys know that the absorbing and metabolizing of alcohol by the human body can vary and that oftentimes a person’s blood alcohol content can escalate long after that person has his or her last drink. That means that a person can have two shots of tequila and feel sober for some time afterwards until the alcohol can begin to take its impairing effects.

There are two tests that can be used by the authorities to determine the blood alcohol content of a motorist. These tests include a blood test and a breath test. The breath test is commonly given on the roadside and can be conducted at the police station too. Currently it isn’t practical to conduct blood tests on the side of the road, so the blood test is done exclusively at the police station or hospital.

Although all of these tests have great potential for error, the most fallible one of all is the roadside breath test (PAS test). These tests are typically given with handheld devices that are unable to distinguish between alcohol in the mouth and alcohol on the breath. This means that if you swished some brandy around your mouth and then spat it out, never swallowing any of it, the roadside breath test would indicate some blood alcohol content even though there really is none. This test is simply not accurate.

The breath testers at police stations also have their problems. One of the most common causes of error in the stations’ machines is that they are unable to adjust for the temperature of a person’s breath. A person’s mouth temperature can have the effect of greatly inflating a person’s blood alcohol content. Another problem is that the tester is calibrated for the ‘average’ person, but it is also widely known that people metabolize things at different speeds. There is no ‘average’ when it comes to processing alcohol. If you are not ‘average,’ whatever that may be, the test is inherently unfair to you. A skilled DUI / DWI attorney can make a solid case out of these problems.

Blood tests carry their own set of problems too. These problems range from contaminated equipment to lab mix ups. It is not too uncommon for labs to get different people’s blood samples confused. Also, oftentimes labs take time to get samples tested, which also increases the chances for errors.

While prosecutors might not want the public to know it, there are several effective ways to challenge evidence in a per se drunk driving case. The best way to fight a per se drunk driving case is to hire the best and most experienced lawyer skilled in DUI / DWI and drunk driving defense.

The ignition interlock device is a breathalyzer that is installed in a drunk driving offender’s car. This device is used to eliminate the problem of repeat offenders. A California DUI attorney will be able to provide more information on the viability of this device as an alternative sentence.

The device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable blood alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start. Once the car is running, “rolling re-tests” may be required every 15 minutes to one hour.

If the motorist fails to perform the test when prompted, or if the motorist’s BAC has risen to an unacceptable level, the car will stop. This rolling test is meant to ensure that a sober person does not do the initial test just to get the car started. In California it is crime to attempt to assist anyone in disabling an ignition interlock, or to blow into the device to start the vehicle for another driver.

California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence.

Judges have the discretion to order the installation of the ignition interlock device in the car of any DUI offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, he or she may order the mandatory installation of the ignition interlock device in any vehicle the offender drives. A California criminal defense attorney will make sure that the interlock ignition device is used only when appropriate.

Most commonly, the ignition interlock device is used when a person has refused to submit to a post-arrest chemical test or when the results of a chemical test registered a BAC of .15 percent or greater. A person who is arrested for driving on a suspended license that was suspended as a result of a drunk driving conviction will be required to install the ignition interlock device.

Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.

The ignition interlock device can be helpful whenever safety and alcohol-free driving is important. For example, parents may use the device to ensure that their teenage children are not drinking and driving. The device can also be used in cases of divorce or separation when one parent is concerned that the other parent may be driving while intoxicated with children in the car.

Riverside and San Bernardino counties DUI / DWI Arrests

A DUI / DWI arrest in Riverside or San Bernardino county carries extremely serious consequences – if convicted, you face a large fine, a lengthy driver’s license suspension, and even the possibility of spending time in jail. Fortunately, you have an opportunity to aggressively fight your Inland Empire DUI / DWI charge and completely avoid these repercussions. The skilled DWI/DUI lawyers of Riverside, CA and San Bernardino County of The Kavinoky Law Firm have the experience needed to effectively fight your Inland Empire drunk driving charge and create reasonable doubt in your guilt.

If you were arrested for DUI / DWI anywhere in Riverside or San Bernardino County, it’s critical to have an expert drunk driving lawyer to walk you through this confusing experience. A skilled Inland Empire DUI / DWI defense lawyer will assist you with every aspect of your drunk driving case, including obtaining your release on bail or on your own recognizance (OR) and requesting a hearing with the California DMV.

Requesting your DMV hearing in a timely manner is critically important in a California DUI / DWI case. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will be automatically suspended. However, like your drunk driving criminal case, the administrative case brought against you by the California Department of Motor Vehicles can be aggressively defended.

An experienced Inland Empire DUI / DWI lawyer will also start planning an effective defense strategy to defend you in court. Your DUI attorney in Riverside, CA should aggressively challenge the result of your chemical test, your field sobriety test, and any observations by the arresting officer that point to your intoxication.

If you refused to take a chemical test to determine your blood alcohol content (BAC), face punishment from both the California DMV and the court. You’re required by law to submit to a breath or blood test after a lawful California DUI / DWI arrest, and refusal to do so will cause the DMV to suspend your driver’s license for an additional length of time. Also, the prosecutor will introduce your refusal as evidence of “consciousness of guilt.” However, it may be possible to have your refusal excused if convincing evidence of extenuating circumstances is presented. Some so-called “refusals” stem from something as simple as a medical condition or a misunderstanding..

Your future may hinge on the lawyer who handles your Inland Empire DUI / DWI case, so don’t entrust it to an amateur. The experienced Riverside and San Bernardino DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Inland Empire drunk driving arrest during a free consultation.

Alcohol Education Programs in Amador 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 Amador County, California:

Amador County DDP
(Service Provided: First Offender, 18 Month)
1001 Broadway,
Suite 106,
Jackson, California 95642
Phone: 510-569-9888; Fax: 209-223-3460

» 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.