In California, anyone who drives after ingesting drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, driving under the influence of drugs is prosecuted in practically the same way as cases involving driving under the influence of alcohol. DUID is a serious charge that carries harsh repercussions, and requires qualified legal counsel. A California attorney experienced in defending DUID cases can fight the case from beginning to end and can achieve a favorable result for a driver accused of driving under the influence of drugs.

In DUID cases, it does not matter if the driver is under the influence of a drug that is legal or illegal. Taking over-the-counter cold medicine can result in a DUID case. There is no requirement that the drug be a prescription drug. The only issue is whether the driver was under the influence of drugs such that they could not operate the vehicle with the same care as a sober person.

In a DUID case, a person is “under the influence” when they are unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances. A prosecutor must prove that the driver meets the legal standard for driving “under the influence.”

There is no legal limit or special number that indicates that a person is too impaired to drive. Therefore, results that indicate a certain amount of narcotics or other drugs in the driver’s system do not automatically mean that the driver was impaired. The prosecutor must prove impairment by way of other circumstantial evidence too. The prosecutor will introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results.

Once an arrest has been made in a case involving driving under the influence of drugs, California’s implied consent law requires that the driver submit to a chemical test. One may submit to a blood test, breath test, or urine test. The urine test is rarely used in drunk driving cases because it is a highly unreliable to test for alcohol, but it is more common in cases where drug use is suspected. If a driver fails to submit to a chemical test, he or she will face an automatic license suspension for one year.

An experienced California criminal defense attorney understands that urine tests are inherently unreliable. A drug like marijuana can stay in a person’s system for up to a month. Therefore, if a person smoked marijuana on a Monday and was arrested for driving under the influence of drugs on the next Friday, even if they hadn’t smoked since Monday, the urine test would come up positive for marijuana. This is true despite the fact that the driver was not actually under the influence of marijuana at the time of driving.

Typically, an investigation for driving under the influence of drugs will begin once a police officer who observes driver impairment concludes following a breathalyzer that the driver is not under the influence of alcohol. Some police agencies will automatically look into the results of blood and urine tests for traces of drugs when an impaired driver does not appear to be under the influence of alcohol.

When police suspect drug use, an officer who has received training as Drug Recognition Evaluator, or DRE will be called on to investigate. A California DUI lawyer will be able to challenge whether the officer is actually a qualified DRE because training and experience vary among officers. The DRE will investigate the driver for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The DRE may conduct further field sobriety tests in a well lit and controlled environment. The DRE will also ask the driver questions in order to elicit incriminating statements.

Drug use is not always easy to spot. Oftentimes, what may appear to be drug use could be a result of drowsiness, depression, or other mental or physical ailments. A qualified attorney experienced in DUID cases, will be able to investigate a case and come up with a plan to minimize any potential punishments.

You’ve probably always thought that as long as you don’t get behind the wheel of a car when you’ve been drinking, you’re okay. After all, you’re not going to get a DUI while walking, right?

Surprising to many, it’s possible for pedestrians to face a criminal charge in California, known as “drunk in public” or public intoxication. Fortunately, is possible to aggressively fight a California drunk in public charge and avoid both the repercussions of such a charge and a criminal record. The experienced defense attorneys of The Kavinoky Law Firm have the skills needed to effectively defend your drunk in public charge and fight for your rights.

Just being under the influence of alcohol isn’t enough to prompt police to arrest you on this charge – a California drunk in public charge means that police believed you were intoxicated enough to pose a danger to yourself or others.

According to California Penal Code Section 647(f), it is illegal to be in any public place under the influence of alcohol or drugs in such a condition that you are unable to exercise care for your own safety or the safety of others, or to interfere with, obstruct or prevent the free use of any street, sidewalk, or other public way.

In some cases, police may opt to place an individual arrested for drunk in public in civil protective custody for up to 72 hours. This allows the individual to be evaluated and will be a bar to further prosecution.

It’s possible to fight this charge on several fronts. If police determined your blood alcohol content (BAC) with a breath or blood test, both the test results and their significance can be challenged. In other words, the test may not have been accurate, and even if it was, does that mean that you met the legal definition of a person who posed a danger to yourself or others? This is only one of the defense strategies that is used by the savvy attorneys at the Kavinoky Law Firm.

Another potent weapon when fighting a drunk in public charge in California is the arresting officer’s own recollections. Just as in a drunk driving case, police tend to make notes of things that support the allegation that you were impaired, but under cross-examination, it’s possible to extract details that demonstrate that you didn’t pose a danger to anyone, and to challenge the accuracy of the officer’s recollection of the event.

Although a California public intoxication charge isn’t as serious as a DUI arrest, it’s still a criminal offense that carries repercussions as well as the threat of a criminal record. However, the skilled California defense lawyers of The Kavinoky Law Firm can help. We will aggressively defend you against a charge of drunk in public and fight to protect you from the unpleasant results of such a charge on your personal, professional, and emotional life. contact us today for a free consultation.

Alcohol Education Programs in Kings 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 Kings County, California:

Kings View Community Services
(Service Provided: First Offender, 18 Month)
800 North Irwin Street,
Hanford, California 93230
Phone: 559-582-9307; Fax: 559-582-9042

» 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 Riverside 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 Riverside County, California:

Awareness Program
(Service Provided: Service Provided: First Offender, 18 Month)
45-550 Grace Street,
Indio, California 92201
Phone: 760-342-1233; Fax: 760-342-5344

Awareness Program
(Service Provided: First Offender, 18 Month)
1700 East Tahquitz Canyon Way,
Suite 6,
Palm Springs, California 92262
Phone: 760-322-4554; Fax: 760-342-5344

A.C.E. Program
(Service Provided: First Offender, 18 Month)
736 N. State Street,
Suite 108,
Hemet, California 92543
Phone: 909-929-4462; Fax: 909-925-3671

A.C.E. Program
(Service Provided: First Offender, 18 Month)
45 S. First Street,
Banning, California 92220
Phone: 909-849-5564; Fax: 909-849-4545

A.C.E. Program
(Service Provided: First Offender)
23846 Sunnymead Boulevard,
Suite 5,
Moreno Valley, California 92553
Phone: 909-242-6339; Fax: 909-242-9839

A.C.E. Program
(Service Provided: First Offender)
131 Corona Mall,
Corona, California 92879
Phone: 909-817-5674; Fax: 909-817-5692

High Road Program
(Service Provided: First Offender, 18 Month)
3579 Arlington Avenue,
Suite 200,
Riverside, California 92506
Phone: 909-781-6762; Fax: 909-781-6249

NCA – Alpha Program
(Service Provided: First Offender, 18 Month)
3757 Elizabeth Street,
Riverside, California 92506
Phone: 909-788-0411; Fax: 909-788-4803

NCA – Alpha Program
(Service Provided: First Offender, 18 Month)
565 Chaney,
Suite E,
Lake Elsinore, California 92530
Phone: 909-788-0411; Fax: 909-788-4803

Community Settlement Association
(Service Provided: First Offender, 18 Month)
4366 Bermuda Avenue,
Riverside, California 92507
Phone: 909-686-6267; Fax: 909-782-2337

A Better Community Counseling Program
(Service Provided: First Offender)
2200 Hamner Avenue,
Suite 103,
Norco, California 92860
Phone: 909-734-3399

Alert Program
(Service Provided: First Offender)
730 Eugene Road,
Palm Springs, California 92264
Phone: 760-322-7725

Anderson & Associates Counseling Services
(Service Provided: First Offender, 18 Month)
26811 Hobie Circle,
Suite 2,
Murrieta, California 92562
Phone: 909-677-0777; Fax: 909-698-6319

» 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 Sonoma 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 Sonoma County, California:

Sonoma County Drinking Driver Program
(Service Provided: First Offender, 18 Month)
1300 Coddingtown Ctr.,
Santa Rosa, California 95401
Phone: 707-565-7640; Fax: 707-565-7661

» 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.

Experienced Los Angeles DUI Attorneys

It is important to hire a Los Angeles criminal defense lawyer when faced with a Los Angeles criminal charge. Not all criminal lawyers are the same. You want to make sure that you are given all the resources possible to resolve your criminal case with minimal repercussions. At the Kavinoky Law Firm, you not only get the knowledge and experience to win, you get an entire team working around the clock on your behalf.  Our main objective is to remove all the burdens off your shoulders. Let us handle the case, so you can sleep well at night.
There are many aspects and procedures that can be challenged to help get you off your criminal charge. We spare no expense to make sure we have uncovered all avenues of your Los Angeles criminal case.  We understand the impact of a criminal charge on your life and livelihood.

We focus on a plethora of Los Angeles criminal charges including:
Assault
Appeals
Battery
Bench Warrants
Crimes Against Children
Domestic Violence
DUI
DUI Drugs
Drug Crimes
Drug Possession
Embezzlement
Expungement
Federal Cases
Fraud
Gang Offense
Grand Theft
Investigatory
Manslaughter
Murder
Robbery
Sex Crimes
Violent Crimes
Weapons Crimes
White Collar Crimes

Big-Firm Resources, Small-Firm Feel

• The Kavinoky Law Firm has more than a dozen lawyers and a support staff of 25.

• We employ a team approach: Your defense strategy will be engineered by founding lawyer Darren Kavinoky, Senior Supervising Attorney Joel Koury, Northern California Managing Attorney Michael Meehan, and their handpicked team. The Kavinoky Law Firm has more than a century of combined legal experience, and over 500 completed jury trials.

• We are one of the largest law firms in California that concentrates on defending cases involving alcohol and drugs. This translates into greater resources for your defense.

• We employ a specialized Intranet Toolkit to ensure all of our attorneys effectively collaborate, share information, and work in concert.

• All of our attorneys use Blackberries or Droids. This means that you’ll receive an immediate response to your emails and phone calls and outstanding customer service.

• We have a network of attorneys throughout the United States for cases that involve issues that cross state lines, such as foreign prior convictions, or those involving out-of-state driver’s licenses that could be impacted by an action in California.

• We conduct frequent comprehensive case-evaluation roundtables, where a “mastermind” group of lawyers each review your case, and come up with the best approach that is designed to achieve the best possible result in your criminal case.

• We have an-house appellate department to address writs and appeals. We are willing and equipped to fight (and have successfully fought), significant legal issues all the way to the Supreme Court.

• We employ a team approach, which translates into more resources to come up with the winning strategy in your case.

Our Los Angeles Offices:
• Encino
• Los Angeles

 

We proudly cover these areas of Greater Los Angeles:
Acton, Agoura, Agoura Hills , Alhambra, Antelope Valley, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Brentwood, Burbank, Calabasas, Camarillo, Carson, Claremont, Commerce, Canoga Park, Century City, Chatsworth, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, East Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Irwindale, La Canada-Flintridge, Lake Balboa, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Los Angeles , Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Newhall, North Hollywood, Northridge, Norwalk, Oxnard, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Quartz Hill, Rancho Palos Verdes, Redondo Beach , Reseda, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, Simi Valley, South El Monte, South Gate, South Pasadena, Studio City, Sylmar, Temple City, Thousand Oaks, Three Points, Torrance, Valencia, Van Nuys, Ventura, Vernon, Walnut, West Covina, West Hollywood, Westwood, West Los Angeles, Westlake Village, Whittier, Woodland Hills.

California Supreme Court Allows Traffic Stops Based on Uncorroborated Tips

In a setback for privacy and civil rights, the California Supreme Court has ruled that police can use anonymous tips to stop suspected drunk drivers even if the officer doesn’t spot any illegal activity. An attorney plans to appeal the ruling to the U.S. Supreme Court.

In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said her van was weaving, even though the officer witnessed no signs of impairment. The woman later failed a field sobriety test and was arrested for heroin possession.

The ruling gives police in California the broadest powers in the nation to pull over suspected drunk drivers and other motorists based only on anonymous tips. In recent months, the state has posted signs urging motorists to report suspected DUI / DWI drivers to the CHP. Those signs, coupled with the high court’s decision, open the door for abuse by drivers involved in road rage or grudges unrelated to criminal activity.

Three justices opposed the ruling, saying police should not be allowed to stop motorists without witnessing illegal activity. “One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason,” Justice Kathryn Mickle Werdegar wrote for the minority.

The panel’s ruling comes on the heels of a string of high court decisions that erode the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.

In addition, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect for weapons based on an uncorroborated tip.

Defense attorneys decried the California Supreme Court’s ruling on anonymous tips as a setback for privacy and civil rights that may resonate for decades.

“Anyone can call in an anonymous tip for any reason,” said Darren T. Kavinoky, one of California’s top criminal defense attorneys. “This ruling essentially allows police to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”

Despite the setback, motorists arrested for drunk driving or any other criminal offense involving an anonymous tip still have numerous options to launch an effective defense. An experienced California criminal defense attorney can challenge evidence on a number of fronts and dismantle a prosecutor’s case.

The top attorneys of the Kavinoky Law Firm are experienced in defending DUI / DWI cases and other criminal charges throughout California. The firm’s expert attorneys will develop an aggressive defense strategy to challenge charges of driving under the influence of drugs or alcohol, drug possession, or any other criminal offense.