DMV Penalties

These penalties relate to persons over 21 years of age, who were not operating a commercial vehicle. For additional information, please complete a CASE EVALUATION FORM.

First Offense: Where a chemical test was performed, and the results show a BAC of .08 or more, the DMV will suspend the driver’s license for four months.

Where a chemical test is refused, the DMV will suspend for one year. In a first time DUI case where a chemical test is taken, a restricted license may be obtained. Please consult a Southern California DUI Lawyer for details on obtaining a restricted license.

Second Offense (within 10 years of prior offense): Where the chemical test is performed, and results are .08 or greater, DMV will suspend for one year. Where chemical test is refused, two-year revocation.

Third Offense (within 10 years of prior offenses): With chemical test resulting in .08 or greater, two-year revocation; with refusal, three-year revocation.

Fourth Offense (within 10 years of prior offenses): The punishment is the same, whether a chemical test is taken or not. In either case, there is a four-year revocation of driving privileges.

Take note: these license suspensions/revocations are separate and apart from any action taken by the court; these are only the California DMV’s punishment. Curiously, the courts have no problem imposing double punishment in the field of DUI law; that is, both the court and the DMV are taking the person’s driver’s license in separate processes related to the same event.

In any other area of the law, this would be considered double jeopardy. With DUI’s the court considers the court’s suspension to be punishment, but the DMV’s suspension to merely be an administrative sanction. Tell that to the person who just suffered an “administrative sanction.” As far as they are concerned, it is a punishment. There is a section provided that has more information on court-imposed punishment.

Also, be aware that any suspension or revocation imposed by the court does not usually start to run until after the DMV suspension is over with. That means that these suspensions run consecutively, not concurrently.

If you have any questions about the DMV suspensions, or any other aspect of DUI defense, please contact a Southern California DUI Lawyer that is experienced in defending DUI cases.

Drivers under investigation for DUI / DWI typically take field sobriety tests before being arrested. Although many drivers hope they will avoid arrest by “passing” the tests, field sobriety tests exist only to justify an arrest and gather evidence for a court case.

There are two kinds of field sobriety tests: Standardized and Non-standardized. The Horizontal Gaze Nystagmus test is one of three field sobriety tests standardized and recognized by the National Highway Traffic Safety Administration (NHTSA). A skilled DUI / DWI attorney from The Kavinoky Law Firm can successfully challenge the results of a Horizontal Gaze Nystagmus test or other field sobriety tests.

Horizontal gaze nystagmus is an involuntary jerking of the eyes as they move from side to side. The Horizontal Gaze Nystagmus Test is based on the theory that the greater the driver’s blood alcohol content (BAC), the sooner the eyes will begin jerking as they move from side to side.

The officer instructs the driver to follow a small object such as the tip of a pen using only the eyes. Police watch for uneven eye movement or sustained jerking when the eye reaches the furthest point. The officer also will make note if the eye begins jerking before it reaches a 45-degree angle.

Each of these three occurrences counts as a “clue” when observed in each eye. If the officer notes at least four of the six signs, he or she will conclude that there is a 77 percent chance that the driver’s BAC is greater than .10 percent, and the individual will be placed under arrest for drunk driving.

Although it is standardized by the NHTSA, the Horizontal Gaze Nystagmus Test is far from foolproof. Nystagmus, or involuntary jerking of the eye, occurs in every individual, regardless of whether he or she has been drinking. Alcohol and drugs may intensify the nystagmus effect, but so can many other factors, including injury or illness.

When an individual drinks alcohol, mental impairment always occurs before physical impairment. Physical impairment can be masked by those with a high tolerance for alcohol, but mental impairment cannot be hidden. Therefore, the mere presence of physical impairment such as involuntary eye jerking doesn’t mean the driver was under the influence of alcohol.

Some officers don’t even administer the Horizontal Gaze Nystagmus Test properly, and their conclusions may be inadmissible in court. The driver’s head and body must be facing the object, so if the officer conducted the test through the driver’s-side window, the results may be inadmissible because the driver’s head was turned at a 45-degree angle.

Luckily for accused drunk drivers, field sobriety tests don’t always hold up in court. The officer’s conclusions can be successfully rebutted during cross-examination. An experienced California DUI / DWI attorney can effectively challenge the results of the Horizontal Gaze Nystagmus Test and create reasonable doubt concerning the driver’s guilt.

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 Kern 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 Kern County, California:

S.T.E.P.S.
(Service Provided: First Offender, 18 Month)
3533 Mount Vernon Avenue,
Bakersfield, California 93306
Phone: 661-871-3353

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
324 Oak Street,
Suite A,
Bakersfield, California 93304
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
525 Bear Mountain Boulevard,
Arvin, California 93203
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
623 Main Street,
Delano, California 93215
Phone: 661-322-8862

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
511 Central Valley Hwy.,
Shafter, California 93263
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
210 East Center Street,
Taft College Westec, Taft, California 93268
Phone: 661-832-3283; Fax: 661-322-7906

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
443 West Church Street,
Ridgecrest, California 93555
Phone: 760-371-9412; Fax: 760-384-4969

Traffic and Alcohol Awareness School of Kern, Inc.
(Service Provided: First Offender, 18 Month)
15666 K Street,
Mojave, California 93501
Phone: 760-371-9412; Fax: 760-384-4969

» 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 Plumas 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 Plumas County, California:

Plumas County DDP
(Service Provided: Service Provided: First Offender, 18 Month)
711 East Main Street,
Quincy, California 95971
Phone: 530-283-6316; Fax: 530-283-4420

» 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