Category: Driving Under the Influence

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

Alcoholics Anonymous Meetings

Drivers convicted of DUI / DWI face serious consequences, including fines, jail, and license suspensions. However, courts have begun to acknowledge that it is useless to punish drunk drivers without addressing underlying problems with alcohol, and sentencing alternatives have become available. An experienced California DUI / DWI attorney from the Kavinoky Law Firm can determine whether a particular case meets the requirements for alternative sentencing.

These alternatives are offered with the goal of helping, not punishing, the DUI driver. One such alternative is mandatory attendance at Alcoholics Anonymous, or AA meetings.

Attendance at AA meetings is usually required as a condition of probation. The court determines how many meetings a driver must attend during a certain period of time, and the meetings are recorded on a “court card” that must be signed by the meeting secretary. If the driver fails to attend the prescribed number of meetings, the terms of probation are violated, and the driver likely will go to jail.

AA meetings take place in nearly every community during weekdays, evenings, and on weekends. To locate a meeting, look up the “AA Central Office” in any phone directory, or log on to www.aa.org. There is no cost to attend meetings, and DUI offenders likely will meet other individuals who understand and relate to the problems they are experiencing.

Alcoholics Anonymous describes itself as a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to recover from alcoholism.

To help individuals discover whether they have a problem with alcohol, AA has produced the following questionnaire. Anyone who answers yes to four or more questions may have a problem with alcohol.

  1. Have you ever decided to stop drinking for a week or so, but only lasted for a couple of days?
  2. Do you wish people would mind their own business about your drinking– stop telling you what to do?
  3. Have you ever switched from one kind of drink to another in the hope that this would keep you from getting drunk?
  4. Have you had to have an eye-opener upon awakening during the past year?
  5. Do you envy people who can drink without getting into trouble?
  6. Have you had problems connected with drinking during the past year?
  7. Has your drinking caused trouble at home?
  8. Do you ever try to get “extra” drinks at a party because you do not get enough?
  9. Do you tell yourself you can stop drinking any time you want to, even though you keep getting drunk when you don’t mean to?
  10. Have you missed days of work or school because of drinking?
  11. Do you have “blackouts”?
  12. Have you ever felt that your life would be better if you did not drink?

An estimated 13 million Americans suffer from substance abuse problems, but help is available to those who seek it. Alcoholics Anonymous has helped more than 2 million problem drinkers live sober lives.

Defenses to Driving Under the Influence of Marijuana

Driving under the influence of marijuana is a serious charge with serious consequences. The best way for an individual charged with this offense to avoid the harsh penalties that can be imposed in connection with this type of DUI is for him or her to hire a criminal defense lawyer who specializes in California driving under the influence of drugs (DUID) defense.

Defenses to driving under the influence of marijuana are numerous and include simple arguments, Constitutional right violations and scientific evidence. Because DUI law is technical and specific, only a qualified criminal attorney who has mastered this area of the law should attempt to employ these defenses.

Simple defense arguments may be raised when part of the investigation just doesn’t make sense. A savvy attorney knows that he or she can question the officer with respect to the accused driver’s driving pattern, as marijuana typically doesn’t yield any specific driving behavior. The attorney knows that he or she challenge the field sobriety tests (FSTs), as they were designed to test impairment related to alcohol, not drugs. The attorney knows that he or she can address the many innocent explanations for the signs and symptoms that are commonly associated with marijuana use (such as illness, fatigue and nerves) – explanations that the officer never even bothered to inquire about. The attorney also knows that he or she can cross-examine the prosecution’s drug recognition expert (DRE) about the fact that he hasn’t received any medical training even though he’s evaluating the suspect’s body.

Constitutional violations include anything that the officer did illegally with respect to the stop, detention, arrest and/or collection of evidence. If the officer didn’t have “reasonable suspicion” when he or she pulled the driver over, if the officer didn’t have “probable cause” to order the driver out of the car, if the driver wasn’t displaying signs of impairment, if the officer illegally searched the car or the driver or if the officer didn’t give the suspect the choice of a blood or urine test, these are the kinds of defenses that a skilled California DUID attorney will raise.

Scientific defenses are the most difficult to argue. It takes an attorney who truly understands the science behind chemical testing and how marijuana affects the body to effectively articulate these types of defenses to a judge and jury in a manner in which they, too, can understand and appreciate the arguments. Some scientific defenses include how the blood or urine sample was collected and stored, as there are very strict guidelines that regulate sample collection (especially with respect to blood) and what must be done with the sample one’s it’s been collected. The “chain of custody” also raises issues, because it must be guaranteed that there was no possibility that the sample analyzed belonged to someone other than the accused driver. Perhaps the most important scientific defense is that a chemical test indicating marijuana use is not necessarily indicative of impairment. The defendant’s lawyer must be able to explain (with the help of a criminalist) that marijuana can linger in the body for days and even weeks following use – a critical issue to raise in a driving under the influence of marijuana case where the only relevant issue is whether the accused was impaired at the time of driving.

It should be noted that although a medical marijuana defense may apply to possession or cultivation charges, it will not be a valid excuse in a DUID case. This is because D.U.I. law is unconcerned with whether or not the drug is legal or illegal, prescribed or over-the-counter and is only concerned with whether the driver was under its influence at the time of driving.

The outstanding attorneys at The Kavinoky Law Firm excel in defending California driving under the influence cases and in defending marijuana-related cases, providing the most comprehensive legal representation to their clients accused of driving under the influence of marijuana. For unsurpassed representation, contact them today for a free consultation.

Alcohol Education Programs in Del Norte County, California

Alcohol Education Programs in Del Norte 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 Del Norte County, California:

Humboldt Addictions Services Program
(Service Provided: First Offender, 18 Month)
1079 4th Street,
Crescent City, California 95531
Phone: 707-464-7849; Fax: 707-465-6522

» 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 Mono County, California

Alcohol Education Programs in Mono 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 Mono County, California:

Mono County DDP
(Service Provided: First Offender, 18 Month)
452 Old Mammoth Road,
Sierra Center Mall,
3rd Floor,
Mammoth Lakes, California 93546
Phone: 760-924-1740; Fax: 760-924-1741

» 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 Barbara County, California

Alcohol Education Programs in Santa Barbara 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 Barbara County, California:

Council On Alcoholism And Drug Abuse
(Service Provided: 18 Month)
232 E. Canon Perdido Street,
Santa Barbara, California 93101
Phone: 805-963-1433; Fax: 805-963-1720

Central Coast Headway, Inc.
(Service Provided: First Offender, 18 Month)
318 W. Carmen Lane,
Santa Maria, California 93454
Phone: 805-922-2106; Fax: 805-922-2751

Central Coast Headway, Inc.
(Service Provided: First Offender, 18 Month)
115 East College Avenue,
Suite 16,
Lompoc, California 93436
Phone: 805-737-0015; Fax: 805-737-7154

Zona Seca
(Service Provided: First Offender)
26 West Figueroa Street,
2nd Floor,
Santa Barbara, California 93101
Phone: 805-963-8961; Fax: 805-963-0322

» 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.

Boating Under the Influence (BUI) Punishment

California Criminal Law – Boating Under the Influence (BUI) Punishment

Boating is an activity that many people engage in for fun and recreation. Amidst all the fun and the sunshine, some people fail to understand that it is illegal to operate a boat under the influence of alcohol. The problem is that when alcohol and boating mix, people can get injured. Boating under the influence of alcohol or drugs is a criminal offense that carries serious punishment for guilty offenders. The punishment can include jail time, alcohol education classes, fines, and other penalties. A qualified California DUI / DWI attorney is capable of handling cases involving boating under the influence.

The California Harbors and Navigation Code provides the laws that relate to boating under the influence. Being under the influence is defined as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The statute sets a zero-tolerance policy for watercraft such as aquaplanes and water skis. The zero-tolerance policy means that any trace of alcohol is illegal when operating these types of watercraft.

Boating under the influence may be a lot more dangerous than driving a car under the influence of drugs or alcohol, because people drive cars every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple of times a year. Such a person is far from an expert boat operator. For that same person to be drunk and boating is extremely dangerous.

Boating under the influence is most commonly charged as a misdemeanor. As such it is punishable by up to one year in county jail, a fine of up to $1,000, or both. When a BUI results in an injury to another person, it can be charged as a felony. A BUI felony can carry a penalty of one year in prison and a fine of up to $5,000. Boating under the influence of alcohol or drugs and causing death to another person is a felony that carries a penalty of up to 10 years in prison. Just as in cases of driving a car, a person convicted of boating under the influence may also be required by the court to take boating safety courses and alcohol education classes.

In California, boaters under the age of 21 are not allowed to consume any alcohol at all. A person under 21 with a BAC of .01 percent or more cannot even use water skis. A BAC of .01 percent to .05 percent in a boater under 21 is an infraction, with penalties similar to a traffic ticket.

Just like drivers in ordinary vehicles, boaters are subject to California’s Implied Consent Law. This law requires a person who has been arrested for driving or boating under the influence to submit to a chemical test. Refusing to submit to the chemical test can carry additional penalties.

Because the penalties in a BUI / BWI case can be so severe, it’s extremely important to have competent, aggressive legal representation. A California criminal defense lawyer with experience defending boating under the influence cases can fight the charges and keep negative consequences to a minimum.

Superior Court Of California, County of Glenn

Superior Court Of California, County of Glenn

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.

Glenn County Superior Court
Willows Branch – Main Courthouse
526 West Sycamore Street, Willows, CA 95988

Orland Branch
821 E. South Street, Orland, CA 95963

» Glenn 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 Placer

Superior Court Of California, County of Placer

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.

Placer County Superior Court – Central Justice Center (CJC)
101 Maple Street, Auburn, CA 95603

Criminal Division
11532 B Avenue, Auburn, CA 95603

Superior Court – Roseville
300 Taylor Street, Roseville, CA 95678

Superior Court – Tahoe
2501 North Lake Blvd,. Tahoe City, CA 96145

» Placer 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 Tuolumne

Superior Court Of California, County of Tuolumne

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.

Tuolumne County Superior Court
Historic Courthouse
41 West Yaney Street, Sonora, CA 95370

Branch Courthouse
60 North Washington Street, Sonora, CA 95370

» Tuolumne 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

Motion for Supplemental Discovery

Motion for Supplemental Discovery

The process of gaining access to the prosecution’s evidence, known as discovery, is a critical aspect of drunk driving defense. An experienced California DUI lawyer from The Kavinoky Law Firm will seek access to every piece of evidence that may help a motorist accused of driving under the influence fight the charges. This is accomplished by filing a pretrial motion for supplemental discovery.

Motion for supplemental discovery is based on the notion that the defendant is entitled to receive all the information that will be used by prosecutors in their attempt to convict. Discovery has many purposes in a court case – it is designed to promote truth, save the court’s time, and to prevent an ambush at trial.

Certain evidence is turned over to the defense without a motion for supplemental discovery. The evidence that is typically turned over to the defense without a motion might include the names and addresses of prosecution witnesses, any statements made by the defendant, relevant evidence seized or obtained as part of the investigation, exculpatory evidence, results of scientific tests, and any written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.

California DUI lawyers experienced in driving while intoxicated cases will use a request known as a Brady motion to seek any information held by the prosecution that may benefit the defendant. For an example, the California DUI lawyer might ask the prosecution to provide calibration and maintenance records for the breath testing machine used during the driver’s arrest. Additionally, a discovery motion may be made to obtain a portion of blood or urine samples – known as a "split" – in order to have the samples independently tested by a forensic toxicologist.

Other motions might include requests to the court to impose sanctions because the prosecution failed to preserve favorable evidence. This type of request is called a Trombetta / Youngblood motion. Another discovery request, known as a Pitchess motion, is designed to obtain the personnel records of the law enforcement officer involved in the arrest.

Discovery begins informally when both sides present a list of requested materials. If either side fails to comply with the informal discovery process, then opposing counsel can engage in formal discovery.

Formal discovery is overseen by the court. If either side fails to comply with formal discovery, the court can order sanctions and other penalties. Formal discovery is always preceded by informal discovery, except in the case of Pitchess motions.

A motion for supplemental discovery can be an effective tool in the hands of the right California DUI lawyers or attorneys. A California DUI Attorney with a proven track record of fighting and winning DUI / DWI cases can determine where supplemental discovery will advance the client’s drunk driving defense case.