Superior Court Of California, County of Trinity

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.

Trinity County Superior Court
101 Court Street, Weaverville, CA 96093

» Trinity 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

The Lookback Period for Priorability

In California, there is a 10-year “lookback” period for prior drunk driving convictions. Anyone with a DUI / DWI conviction who is arrested for drinking and driving within 10 years faces increased punishment on the new count. If more than 10 years pass between arrests, the later arrest is treated as a first-time DUI.

Prior convictions affect many issues in a criminal case, from bail to sentencing. Multiple-offense DUI drivers face greater license suspensions, fines, alcohol education classes, etc. A California attorney experienced at defending drunk driving cases can help drivers with multiple DUI arrests craft a defense and mitigate the consequences.

DUI / DWI offenses which will count as prior convictions include driving under the influence (California Vehicle Code Section 23152(a)), driving with a blood alcohol content (BAC) of .08 percent or greater (23152(b)), DUI with injury (23153 (a) and (b)), reckless driving involving alcohol, also known as “wet-reckless” (23103.5). The 10-year period is calculated from arrest date to arrest date.

Although the conviction itself must take place before the conviction for the current offense, there is no requirement that either the offense or the conviction be before the offense for which the defendant is being tried. The California Legislature has declared that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses.

For example, a defendant may be in the midst of a second-time DUI case, which can sometimes take several months to conclude. If during that time the defendant is arrested for a third DUI offense, then the court in the third case can sentence the defendant as a third-time drunk driver, even though the defendant has not been convicted as a second-time DUI driver. The only hard and fast rule is that the offenses occur within a 10-year span.

The California Legislature has enacted increasingly harsh penalties for drivers with multiple drunk driving offenses within a 10-year period. The surest way to fight back is to consult with a DUI / DWI lawyer experienced in defending multiple drinking and driving cases.

One is considered to be innocent until proven guilty in a criminal proceeding such as a drunk driving case. In criminal courts the burden of proof is on the prosecution. The standard of requiring a prosecutor to prove guilt beyond a reasonable doubt applies in driving under the influence cases and in all criminal cases in California. Often it is difficult for the state to achieve this very high standard when faced by an able DUI attorney who has what it takes to make it difficult for the prosecutor to prove each and every element of the charges beyond a reasonable doubt.

To the casual observer the elements that make up a drunk driving offense may seem straightforward, but there are several nuances that an experienced DUI attorney understands. This understanding allows the attorney to poke holes in any one of the elements. If your attorney can create reasonable doubt as to just one of the elements, then a jury will have to find that you are not guilty of the charges.

It is important to understand that you must be under the influence at the time of driving. It must also be understood that there are two separate charges that apply to DUI cases. Those are Vehicle Code 23152(a) Sections which says it is a misdemeanor to drive under the influence of alcohol and/or drugs, and Vehicle Code 23152(b) Sections which say it is a misdemeanor to drive with .08 percent or more of alcohol in your blood. While sometimes a person will be charged under (a) and not (b), a person charged with (b) will always be charged with (a) as well.

When a person is being charged under Vehicle Code Section 23512(b), the prosecutor must prove beyond a reasonable doubt that the blood alcohol level of the motorist was .08 percent or higher at the time the person was driving. If the police officer conducts a chemical test an hour after a person was pulled over, there is a chance that a good DUI attorney will be able to raise doubt as to whether the blood alcohol level was really .08 percent at the time of driving.

The standard of reasonable doubt in a driving while intoxicated case is the same high standard applied in a murder case. There is a responsibility upon a jury to take this standard seriously in order to protect the integrity of the criminal justice system as a whole. It is a defense attorney of quality who can convey this responsibility to the jury members in order to have them apply the high standard of proof to a drunk-driving case. The experienced attorneys at The Kavinoky Law Firm are well-known for their skill and integrity. Call for a free consultation.

Police in California sometimes use sobriety checkpoints – temporary roadblocks on public streets or roadways designed to snare drunk drivers. Over the years, courts have established strict protocol to govern the operation of sobriety checkpoints – guidelines that police don’t always follow. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm are well-versed in the requirements of sobriety checkpoints and can determine whether a drunk driving arrest made at a Sobriety Checkpoint was valid.

Many of the requirements governing sobriety checkpoints were created by the landmark U.S. Supreme Court case of Michigan Department of State Police vs. Sitz. The Court’s ruling attempts to balance the rights of drivers against the interests of society in keeping impaired drivers off the road.

Police must select vehicles using a neutral mathematical formula, and the checkpoints must be maintained safely for both police and motorists, have high visibility, and minimize the average time each motorist is detained.

Each driver should be stopped only long enough for an officer to ask a few brief questions and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver shows no signs of impairment, he or she should be permitted to drive away without delay. If the officer does spot signs of intoxication, the driver can be sent to a separate area for a field sobriety test. At that point, further investigation must be based on probable cause, and general principles of detention and arrest would apply.

The sobriety roadblock should be part of an ongoing safe-driving program, and must conform to an established departmental policy. A supervising judge and a representative of the district attorney’s office should participate in the planning. The checkpoint’s supervising officers must be well-versed in the safety and civil rights issues surrounding such an operation. The roadblock should be announced to the public in advance through the media.

The Supreme Court deemed that the main purpose of a sobriety checkpoint is not to discover evidence, crimes or to arrest drunk drivers, but to promote public safety by deterring drunk drivers from endangering the public. Thus, a sobriety checkpoint roadblock serves a regulatory purpose and is not considered a criminal investigation roadblock, and no warrant is required.

The Supreme Court has held that stopping a vehicle at a sobriety checkpoint constitutes a seizure under the Fourth Amendment. A Fourth Amendment seizure occurs “when there is a governmental termination of freedom of movement through means intentionally applied.”

The key question when considering a Fourth Amendment seizure is reasonableness. The courts have ruled that not all roadblocks violate a motorist’s Fourth Amendment right against unreasonable search and seizures. In order to determine whether there has been a Fourth Amendment violation, courts apply a balancing test which weighs the government’s interests against the intrusiveness of the detention on the individual.

An experienced California DUI / DWI lawyer will evaluate every aspect of the checkpoint to determine whether it meets the guidelines established by the U.S. Supreme Court. If the checkpoint was not operated according to that protocol, a skilled attorney such as those at The Kavinoky Law Firm will argue that any evidence gathered during the stop was improperly obtained, and should be suppressed.

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.

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

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

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

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.

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.