Many DUI / DWI defendants are sentenced to jail, but incarceration offers no benefit to drunk driving defendants who have problems with alcohol. Because substance abuse is such a widespread problem, the court system is undergoing a fundamental shift in the way it regards individuals with alcohol and drug problems.

Judges and prosecutors now realize that it is ineffective to merely lock away alcoholics without treating underlying addiction issues. Because of this changing approach, treatment in an established and state licensed drug and alcohol rehabilitation program has become an accepted alternative sentencing option. An experienced DUI / DWI defense lawyer from the Kavinoky Law Firm can advise whether treatment may be an option in a California drunk driving case.

The length of treatment varies, but the average time is 30 days. Most rehabilitation facilities are privately owned, and can be either co-ed or gender-specific. Because of a shortage of rehab beds, many facilities have a waiting list.

Treatment may include behavior modification and/or medication. Three commonly used behavioral treatments for alcohol abuse and alcoholism – motivation enhancement therapy, cognitive-behavioral therapy, and 12-step therapy – can significantly reduce drinking in the year following treatment. Medication such as naltrexone (ReVia™), an anti-craving medication, has been shown to be effective, especially when combined with behavior therapy.

Alcohol and drug rehabilitation can replace alcohol education programs that are part of many DUI defendants’ sentences. Rehabilitation is typically set as a condition of probation if the offender is willing and has been accepted into a program. Time spent in rehabilitation is credited toward the completion of a jail sentence in what is known as good time custody credits. Once the program is completed, certification is submitted to the court. If rehabilitation is not successfully completed, the offender violates probation, and likely will go to jail.

For individuals with multiple DUIs on their records or unresolved issues with alcohol, rehabilitation can be a valuable alternative to incarceration. A California attorney experienced in defending drunk driving cases can review each case to determine whether rehabilitation or another form of alternate sentencing is a viable option.

Criminalist testimony in a California driving under the influence of marijuana trial

A driving under the influence of marijuana case presents many challenges to both the prosecutor and criminal defense lawyer that a driving under the influence of alcohol case doesn’t. One of the reasons is because there is no chemical test that gives a “number” as to the level of impairment in a marijuana-related case like in an alcohol-related case. Another reason is that the effects of marijuana on driving aren’t as recognizable or as distinguishable as an alcohol-related DUI. Simply having the drug in one’s system (if evidenced by a blood or urine test) may encourage conservative jurors to incorrectly conclude that the accused must have been under its influence. These are just a few of the reasons why it is imperative that an individual accused of this offense hires an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) who will know the most effective ways to offer and rebut this type of challenging evidence.

Criminalist testimony regarding driving impairment is vital to the prosecution because there is no “per se” drug test that indicates when an individual is under the influence. As a result, officer observations and criminalist testimony provides the bulk of the state’s case. The criminalist is typically a member of the local police department and, as such, is a member of the “prosecution team”. A good defense attorney will generally address this issue, pointing out the inherent bias that the criminalist therefore has. The criminalist will typically testify that the driving pattern, physical signs and symptoms and behavioral observations reported by the officer are consistent with the known effects of marijuana and that, based on his or her review of the report (never having met or studied the accused), he or she believes that the driver was under the influence of marijuana.

Criminalist testimony, when presented on behalf of the defense, typically addresses the fact that correlating positive marijuana results with a degree of impairment is subjective and makes it difficult to predict with any amount of certainty whether someone was impaired based on a chemical test. The defense’s criminalist will further point out the fact that the effects of marijuana will vary between individuals, influenced by such factors as one’s history of drug use, tolerance, health, an individual’s sensitivity to the drug, metabolism and a variety of other conditions. He or she will explain to the jury that marijuana can be detected in one’s system via a blood or urine test for days and even weeks after use, long after the effects of impairment wear off. Depending on the circumstances, he or she may even call into question the experience, training or observations that the officer made as they relate to marijuana use.

Clearly, criminalist testimony is important to both sides. Even more important is having a criminal attorney who knows and understands the science behind how marijuana affects and remains in one’s body so that he or she can effectively convey the criminalist’s testimony to the judge and jury in an articulate and uncomplicated manner. The exceptional California DUI attorneys at The Kavinoky Law Firm specialize in driving under the influence of drug cases as well as non-driving cases that involve marijuana, which provides their clients accused of driving under the influence of marijuana with unparalleled legal representation. With law offices located throughout the state, including several in and around the Los Angeles area, they are easily accessible for anyone in need of an outstanding defense. They have a variety of criminalist expert witnesses that they rely on, depending on the facts of the case, which allows them to present the most effective defense for each individual client. To learn more, contact The Kavinoky Firm today for a free consultation.

Alcohol Education Programs in Contra Costa 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 Contra Costa County, California:

Criminal Justice Services – Central
(Service Provided: 18 Month)
2020 North Broadway,
Suite 101,
Walnut Creek, California 94596
Phone: 925-646-6470; Fax: 925-646-6480

Criminal Justice Services – East
(Service Provided: 18 Month)
2400 Sycamore Drive,
Suite 36,
Antioch, California 94509
Phone: 925-427-8630

Alcohol & Drug Abuse Council Of Contra Costa Co., Inc.
(Service Provided: First Offender)
171 Mayhew Way,
Suite 101,
Pleasant Hill, California 94523
Phone: 925-932-8100; Fax: 925-932-8392

Future Solutions 560 Lennon Lane
(Service Provided: First Offender)
560 Lennon Lane,
Suite 200,
Walnut Creek, California 94598
Phone: 925-932-7791; Fax: 925-932-7793

Neighborhood House Of North Richmond
(Service Provided: First Offender)
207 37th Street,
Room 114,
Richmond, California 94805
Phone: 510-233-1044; Fax: 510-235-8633

East County DUI
(Service Provided: First Offender)
500 School Street,
Pittsburg, California 94565
Phone: 925-439-1332; Fax: 925-439-0322

Occupational Health Services, Inc.
(Service Provided: First Offender)
1070 Concord Avenue,
Suite 222,
Concord, California 94520
Phone: 925-798-8936; Fax: 925-798-1145

Occupational Health Services
(Service Provided: 18 Month)
6401 Stockton Avenue,
El Cerrito, California 94806
Phone: 925-798-8936; Fax: 925-798-1145

» 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.

Superior Court Of California, County of Fresno

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.

Fresno County Superior Court
Downtown Location
1100 Van Ness Avenue, Fresno, CA 93724-0002

Clovis Courthouse
1011 Fifth Street, Clovis, CA 93612

Coalinga Courthouse
160 W. Elm Street, Coalinga, CA 93210

Firebaugh Courthouse
1325 "O" Street, Firebaugh, CA 93622

Fowler Courthouse
127 E. Merced Street, Fowler, CA 93625

Kerman Courthouse
719 S. Madera Avenue, Kerman, CA 93630

Kingsburg Courthouse
1600 California Street, Kingsburg, CA 93631

Reedley Courthouse
815 "G" Street, Reedley, CA 93654

Sanger Courthouse
619 "N" Street, Sanger, CA 93657

Selma Courthouse
2424 McCall, Selma, CA 93662

» Fresno 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 Orange

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.

Orange County Superior Court – Central Justice Center (CJC)
700 Civic Center Drive West, Santa Ana, CA 92701

Central Justice Center Annex
909 N. Main, Santa Ana, CA 92701

Complex Civil Center (CXC)
751 West Santa Ana Blvd., Santa Ana, CA 92701

Lamoreaux Justice Center (LJC)
341 The City Drive, Orange, CA 92868-3209

Harbor Justice Center (HJC/LH)
Laguna Hills Facility
4601 Jamboree Road, Newport Beach, CA 92660-2595

North Justice Center (NJC)
1275 North Berkeley Avenue, Fullerton, CA 92832-1258

West Justice Center (WJC)
8141 13th Street, Westminster, CA 92683-4593

» Orange 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 Tulare

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.

Tulare County Superior Court
425 East Kern, Tulare, CA 93274

Visalia Courthouse
County Civic Center
221 Mooney Blvd., Visalia, CA 93291

Porterville Courthouse
87 East Morton, Porterville, CA 93257

Dinuba Courthouse
640 S. Alta Avenue, Dinuba, CA 93618

» Tulare 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 Blood/Urine Sample to be Split

The experienced California DUI lawyers at The Kavinoky Law Firm perform a great deal of work before a drunk driving defense case ever goes to trial. A skilled California DUI lawyer typically makes one or more pretrial motions at the driver’s arraignment or at a later date. One motion common in a driving while intoxicated case is a request to have a pretrial motion for a blood or urine sample split so that it can be tested by an independent forensic expert.

Individuals arrested for drunk driving or driving under the influence of drugs (DUID) must be told of their right to have a blood or urine sample preserved for independent testing. This is especially important when a driver submits to a breath test to determine blood alcohol content (BAC), because when a breath test is taken, there is no independent sample retained for later retesting.

A chemical test is a significant piece of evidence used against the defendant. The prosecution will attempt to use a chemical test result of .08 percent BAC or greater – the legal limit for driving in all 50 states – to prove a defendant is guilty of driving while intoxicated. However, many chemical tests are administered hours after the driver was last behind the wheel. Remember, it’s not illegal to have a BAC of .08 percent at the police station, only while driving a vehicle. An independent defense expert may be able to establish that the driver’s BAC at the time of driving was below the legal limit.

When the split is obtained, it will be sent to a private, independent forensic lab for testing. Law-enforcement agencies are required to collect a sufficient amount in order to allow future tests. Testing will analyze not only the blood alcohol content of the sample, but will also determine whether proper testing protocol was followed.

Police must follow strict guidelines when conducting chemical tests. Blood samples should be drawn using sterile, dry hypodermic needles and syringes, or using clean, dry vacuum type containers with sterile needles. No alcohol can be used to clean the skin or the equipment used in the collection. The blood must be mixed with a precise mixture of anticoagulant and preservative. If the levels of the anticoagulant and preservative are not correct, the test results can be skewed. For example, if the blood sample becomes fermented, it will produce falsely high BAC readings.

In some cases during a DUI investigation, the driver’s blood or urine sample is lost or destroyed. While the prosecution has no legal duty to collect evidence that might be beneficial to the defense, they do have an obligation to preserve this possibly exculpatory evidence – evidence that may point to the defendant’s innocence. If the prosecution neglected to preserve such evidence, a savvy California DUI lawyer will ask the court to issue sanctions that may result in suppression of the evidence or the dismissal of the case.

If the prosecution doesn’t comply with a court order to split a blood or urine sample for independent analysis, the defense can ask for sanctions against the prosecutor, and the evidence the prosecutor would have used to convict the defendant may be excluded. If police have failed to preserve a sample, then this will be the basis not only for exclusion, but possible dismissal of the charges.

However, in order for sanctions to be levied, the defense must prove that the prosecutor or police acted in bad faith. If bad faith cannot be established, then the defendant is entitled to relief only on a showing that the evidence was material and exculpatory.

Drivers accused of DUI / DWI often believe that a chemical test result that places them over the legal limit for driving means an automatic conviction, but that’s not necessarily true. A California DUI Lawyer who focuses on driving under the influence cases will file a motion to have any sample split and sent to an independent laboratory to determine whether the driver’s BAC result can be challenged.