Drivers arrested on suspicion of DUI / DWI in California are required by law to take a chemical test to measure blood alcohol content (BAC). Drivers suspected of being under the influence of alcohol are given a choice between a blood or a breath test. Drivers believed to be under the influence of drugs must take a blood or urine test.

Urine tests are considered the least reliable of the three types of chemical tests available. Fortunately, urine tests can be effectively challenged in drunk driving or driving under the influence of drugs (DUID) cases. The experienced defense lawyers at The Kavinoky Law Firm know the inherent flaws in urine tests and will use that knowledge to craft an aggressive defense strategy.

Urine tests are typically implemented only when a motorist is suspected of driving under the influence of drugs or driving under the influence of alcohol and drugs. However, urine tests may be given in drunk driving cases when breath or blood tests are not available.

California law dictates that if a urine test is given, the individual must be provided enough privacy to maintain dignity while still ensuring the accuracy of the sample. When the urine test is requested, drivers are advised to empty their bladders, wait 20 minutes, and then go again.

Urine tests have strict protocols but are prone to human error. Police and technicians routinely fail to follow the required procedures, making test results unreliable.

Urine testing is the least reliable method of testing for blood alcohol content. Because the test involves water rather than blood, the result is usually inflated. The concentration of alcohol in the urine is approximately 1.33 times the concentration of alcohol in the blood at the same time.

Urine tests are equally unreliable in DUID cases, because it’s impossible to determine when a drug was used. They can only detect metabolites, or inactive leftover traces of a drug. For example, a driver who smoked marijuana on a Friday night could test positive the following Tuesday, long after the drug has ceased to have any effect. Obviously, what a driver did on Friday has nothing to do with his or her fitness to drive on Tuesday.

The flaws inherent in urine testing for drugs have been scientifically documented. A study performed by the National Institute of Drug Abuse found that 20 percent of the labs surveyed mistakenly reported the presence of illegal drugs in drug-free urine samples.

Urinalysis also tends to confuse similar chemical compounds. For example, codeine and non-narcotic cough syrup have been known to produce positive results for heroin. By the same token, Advil has produced false positives for marijuana, and Nyquil for amphetamines.

Urine testing is extremely unreliable in both drunk driving and DUID cases, so it’s possible to effectively challenge the test results. A California lawyer with experience defending DUID and DUI / DWI cases can attack the integrity of urine tests and other types of chemical testing, and can effectively fight a drinking and driving or driving under the influence of drugs charge.

California Marijuana Laws – Under the influence, defined

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

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

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

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

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

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

Alcohol Education Programs in Inyo County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Inyo County, California:

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

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

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

Alcohol Education Programs in Placer 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 Placer County, California:

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: Service Provided: First Offender, 18 Month)
1A Sierragate Plaza,
Suite 110,
Roseville, California 95678
Phone: 916-782-3737; Fax: 916-782-3739

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
11960 Heritage Oak Place,
Suite 9,
Auburn, California 95603
Phone: 530-885-1961; Fax: 530-885-0713

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
8491 Northlake Boulevard,
Kings Beach, California 96143
Phone: 530-546-5641; Fax: 530-546-5480

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
1530 3rd Street,
Suite 202,
Lincoln, California 95648
Phone: 916-434-8927

Pacific Educational Services
(Service Provided: First Offender)
11795 Education Street,
Suite 220,
Auburn, California 95602
Phone: 530-888-1010; Fax: 530-888-9065

» 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 Solano 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 Solano County, California:

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
623 Great Jones Street,
Fairfield, California 94533
Phone: 707-429-8888; Fax: 707-429-1809

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
2100 Sacramento Street,
Vallejo, California 94590
Phone: 707-642-8947; Fax: 707-642-8949

A. K. Bean, Inc.
(Service Provided: First Offender, 18 Month)
3000 Alamo Street,
Suite 209,
Vacaville, California 95687
Phone: 707-451-9703; Fax: 707-446-0471

Healthy Partnerships, Inc.
(Service Provided: First Offender, 18 Month)
1286 Callen Street,
Vacaville, California 95688
Phone: 707-447-8982; Fax: 707-447-3205

Healthy Partnerships
(Service Provided: First Offender, 18 Month)
1735 Enterprise Drive,
Building 1, Suite 105-A,
Fairfield, California 94533
Phone: 707-425-1799; Fax: 707-425-1081

Ia’Tik Recovery Center
(Service Provided: First Offender, 18 Month)
604 Broadway Street,
Vallejo, California 94590
Phone: 707-558-0104; Fax: 707-558-8047

» 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.

The Interstate Driver’s License Compact

The Interstate Driver’s License Compact serves the purpose of allowing different state DMVs to communicate. Therefore, if a person is visiting California and is arrested for drunk driving, the home state of the driver will find out about the arrest. This may affect the driver’s insurance as well as driving record in his or her home state.

Being arrested for DUI / DWI in California can be stressful, especially if one is from out-of-state. While you may have feelings of distress or anger following your arrest, do not waste any time in locating a qualified California DUI / DWI attorney. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles, which in turn will provide that information to your state’s DMV. If you or someone you know has been charged with a drunk driving offense you may need to find that person who remains in custody, and you will need to locate a bail bondsman too.

It is not always simple locating a friend or loved one who is in custody without the right information. When attempting to locate someone it is helpful to have the individual’s full name and birthdate as well as a booking number related to the arrest.

The state of California may not suspend the home state license of a driver. The best the Department of Motor Vehicles can do is to suspend the driver’s driving privileges in California. A person with an out-of-state driver’s license can fight the California suspension at a DMV hearing. The best way to challenge the DMV is to hire a California criminal defense attorney with vast experience in DUI / DWI cases.

The Interstate Driver’s License Compact is signed by 45 states. These states have a reciprocal arrangement regarding information related to certain convictions such as diving under the influence of alcohol or drugs. Each state that is party to the Compact may suspend, restrict, or revoke the state license belonging to the driver. The five states that do not belong to the Compact are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Some states like California have administrative systems that handle DUI / DWI cases through a DMV hearing or something similar. Other states do not have such systems. Rather, these states wait until a person has been convicted of a DUI / DWI in criminal court. Once the conviction is reported to the Department of Motor Vehicles by the courts, the DMV will consider administrative action against the license. If you are in any state, it is wise to consult with the best attorney available in that state.

Punishments between states vary. Some states will simply enforce the same punishment that was given in another state. Others will give lighter sentences, while some other states will simply ignore some convictions.

The best possible way for drivers with out-of-state licenses to keep their driving privileges after a California DUI / DWI arrest is to challenge the California Department of Motor Vehicles. A California criminal defense attorney with vast experience in DUI / DWI cases can provide information about the all states’ licensing policies and successfully challenge these administrative hearings.

Superior Court Of California, County of Kings

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.

Kings County Superior Court
Hanford Courthouse
1426 South Drive, Hanford, CA 93230

Avenal Superior Court
Avenal Downtown Courthouse
501 E. Kings Street, Avenal, CA 93204

Corcoran Superior Court
Corcoran Downtown Courthouse
1000 Chittenden Avenue, Corcoran, CA 93212

Lemoore Superior Court
Lemoore Downtown Courthouse
449 C Street, Lemoore, CA 93245

» Kings 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 Barbara

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 Barbara County Superior Court
Anacapa Division
1100 Anacapa Street, Santa Barbara, CA 93121-1107

Santa Barbara County Superior Court
North County Administration – Miller Division
312 East Cook Street, Building E, Santa Maria, CA 93454-5165

Figueroa Division
118 E. Figueroa Street, Santa Barbara, CA 93101

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

» Santa Barbara 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

Getting arrested on suspicion of DUI 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 court, and at the DMV. The knowledgeable DUI / defense lawyers at the Kavinoky Law Firm can help drivers navigate through both the DMV hearing and the court case.

The first stage in any DUI  court process is the arrest. Most arrests for a misdemeanor driving under the influence case occur when police observe signs of intoxication in the driver’s physical appearance and/ or erratic driving patterns. These observations form the basis of “probable cause,” which is the legal basis for the arrest.

Once arrested, a driver may be held in custody and must post bond to be released, unless released on his or her own recognizance, or OR. Bond, otherwise known as bail, is like an insurance policy guaranteeing the driver’s appearance at the next court date. The amount of bail is determined by a judge, based on the seriousness of the offense.

If held in custody, then a driver must be arraigned within 48 to 72 hours after the arrest, unless it occurs on a weekend, in which case it can be extended for one day. If the driver is not held in custody, the arraignment will be set at a later date.

At the arraignment, the judge will advise a driver of the pending charges, and the individual will be read his or her rights. The rights afforded to criminal defendants include the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to receive evidence to be used against the individual in the criminal proceeding. Also, at this time, a driver will be asked to enter a plea before the court. Possible pleas include not guilty, nolo contendere – commonly known as no contest – or guilty.

The next step in the court process is to submit pretrial motions. Pretrial motions may be submitted at the arraignment, but it is also customary for the pretrial motions to be heard at a later hearing date. Common pretrial motions include a motion to suppress evidence, discovery motions, motions to dismiss, and other motions in limine.

At some point during this process, a prosecutor may offer the driver a plea bargain, which gives the defendant an opportunity to plead guilty to a lesser charge. Sometimes taking a plea bargain is a good idea, sometimes it’s not. An experienced DUI lawyer can evaluate an individual case to determine whether a plea bargain is a good deal.

The final stage of the court process is the trial. Once a trial date is set, it is usually expressed as a “0 of 10 date” meaning that the DUI defendant’s speedy trial rights will not be violated if the trial begins on the trial date, or within 10 days of that date. If the trial does not begin on or before the expiration of the last day for trial, the case must be dismissed. If the last day for trial falls on a weekend day or holiday, the next court day is the last day.

Once the trial begins, both the defense attorney and prosecutor participate in selecting a jury. During this process, they engage in voir dire, or the examination of prospective jurors, to determine the juror’s qualifications for service. At this time jurors may be excused “for cause” or at the discretion of the attorneys, which is known as a peremptory challenge. Once the jury is chosen, the trial begins.

DUI trials usually last several days. At the trial, both the defense and the prosecution give opening statements, directly examine their own witnesses, cross examine the opposing witnesses, and finally give closing arguments. The judge then gives the jury instructions on how to apply the facts of the case to the law.

The next step is jury deliberation. The jurors are excused to the jury room, where they are given their first opportunity to discuss the facts of the case. When the jury concludes deliberation, they announce their verdict to the court – guilty or not guilty. Although the jury decides on a verdict, it does not determine the defendant’s sentence. The judge decides the appropriate punishment, which can be set by law, and may be enhanced by the facts of the case.

Although our justice system is designed to protect both the defendant and the public, the defendant needs someone looking after his or her best interests. A California attorney who focuses on defending DUI cases can ensure that anyone accused of drunk driving receives the fairest treatment possible in the court system.

Drivers arrested on suspicion of DUI in California are either released on their own recognizance, also known as OR, or must post bail in order to get out of jail. Bail in drunk driving cases is set just as in any other criminal case. Most counties have a bail schedule that outlines the bail requirements for each offense.

Many jurisdictions will release most driving under the influence suspects on their own recognizance, which means the driver won’t have to post bail. However, even if the driver is released on OR, DUI suspects typically must remain in jail for a certain number of hours, until police are certain that the driver is sober. This is designed to protect the arresting agency from liability – if an accused drunk driver was involved in an injury accident after being released from custody, the arresting agency may be held responsible.

While many jurisdictions release drunk driving suspects on their own recognizance, others require bail to be posted, even for misdemeanor offenses. Accused motorists who refused to submit to a chemical test, who had a blood or breath alcohol level (BAC) of .20 percent or greater, or who were involved in an accident are likely to be required to post bail.

Felony DUI cases always require bail to secure the driver’s release. Bail in a felony DUI arrest will typically be $100,000 or more. Bail bond firms typically require a down payment of 10 percent of the bail amount in order to secure a driver’s release.

The legal ramifications of a California drunk driving arrest are extremely severe, and a skilled attorney can help to arrange bail and protect the driver’s rights. The experienced attorneys of the Kavinoky Law Firm will help to secure the accused driver’s release and craft a defense strategy designed to minimize or even eliminate the consequences of a drunk driving arrest.