Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Three Strikes for DUI in California Could Land You in Jail

Posted by John Devendorf on November 13, 2015

People often ask us, is there a Three Strikes Law for DUI in California?

California is famous for a lot of things: The sights at the Golden Gate Bridge, glitz and glamour of Hollywood, delicious coastal wine, the massive stretches of beach, and unfortunately, the antiquated Three Strikes law.

As many Californians know, the Three Strikes sentencing law places offenders behind bars. If a defendant is convicted of a felony, and already has one on record, they face twice the typical prison sentence for that crime. A third conviction results in a mandatory prison sentence of 25 years to life.

Enacted 1994 and adapted in 2012 by Proposition 36, the original law requires 25-life mandatory sentencing for a third felony conviction. This rule applies if the third conviction is “serious” or violent.” The Three Strikes Law for DUI is more lenient today. Before Proposition 36, the law required the mandatory sentencing for any third felony offense. Many people received life imprisonment sentences for significantly less violent crimes, like felony petty theft.

Possibility of the Three Strikes Law for DUI

It’s important to know about the Three Strikes law for DUI in California. It does include DUI convictions. Consequently, if you have a felony DUI conviction on your record, or are facing felony DUI conviction today, it is likely you may face of this incredibly harsh sentencing law.

With that said, there are three scenarios that involve a driver under the influence (DUI):

Scenario One:Three or more prior DUI convictions in the last 10 years. These three prior offenses can include a combination of DUIs (in any state) and “wet reckless” convictions. Typically a person receives a wet reckless by accepting a plea bargain down from a DUI charge.If you have a collection of three of these offenses on your criminal record, your next DUI arrest will be for felony DUI.
Scenario Two:If you are driving drunk and injure other people. Felony DUI charges include those for DUI vehicular manslaughter and DUI second-degree murder.
Scenario Three: You are at risk if you have a prior felony DUI on your criminal record. Unfortunately, California is hard on “repeat offenders.” A charge of felony DUI applies to those who already a felony DUI on their record past. History has shown, this happens regardless of the circumstances surrounding your latest DUI arrest. Whether or not the arrest involves accident or injury does not factor into the decision. Nor does the blood alcohol content (BAC) limit.

Defend Your Freedom

California’s Three Strikes law makes it incredibly important to fight against any and all felony charges. Additionally, fight against any criminal charges that could lead to a felony charge down the road.

With this in mind, hire an experienced DUI attorney in California. It is the most effective way to defend against a DUI charge. Your attorney will argue for your interests both in and out of court. As a matter of fact, California defense attorney Darren Kavinoky employs the best attorneys in Los Angeles.

If you’re facing DUI or other criminal charges, don’t let them get out of hand. We work 24/7 and stay up so you can rest easy.

Call the Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

Basketball Player Gets into Trouble in the Offseason

Posted by John Devendorf on July 16, 2015

Like everyone else, a basketball player is not immune to state and federal laws. Especially when it comes to driving under the influence.

Fans and players alike are anxiously waiting for the 2016 season to start up in October. While they wait, they typical basketball player is relaxing with their families or getting into shape. Unfortunately, other players find themselves on the wrong side of law enforcement .

Basketball Player Caught Drinking and Driving

Ty Lawson, of the Denver Nuggets, was with his girlfriend Ashley King at the Jardin nightclub in Hollywood this week. TMZ, the celebrity news website that first reported the arrest, encountered Lawson outside the club. When they saw him, it was shortly before he got into his Mercedes-Benz and hit the road. For Lawson, he was unaware he was about to run into some complications on his ride home.

At about 1:30 in the morning, a California Highway Patrol (CHP) officer noticed a white Mercedes driving on the 101 freeway at a high rate of speed. The officer pulled the car over, and the driver identified himself as a professional basketball player for the Denver Nuggets. However, Lawson was not just speeding. CHP officer Kevin Tao told the Denver Post that Lawson also “displayed several signs of symptoms of alcohol intoxication.”

Lawson reportedly failed field sobriety tests administered by the CHP officers, and based on that and displayed symptoms of alcohol intoxication, he was arrested and booked into a Los Angeles Police Department jail.

Repercussions of a DUI

At last report, Lawson was still in jail in lieu of $5,000 bail. However, the bail amount shouldn’t be much of an issue for the point guard. He is currently under a 4 year, $48 million contract with the Denver Nuggets. He was even carrying $6,000 in cash at the time of his arrest.

California hasn’t been too welcoming to Lawson. Before his Los Angeles DUI, the Golden State Warriors eliminated the Denver Nuggets in the first round of playoffs, despite Lawson leading Denver in both scoring and assists.

This is not Ty Lawson’s first run-in with the law. Only six months ago, Lawson was arrested for driving under the influence in Denver. The police pulled him over for driving 61 mph in a 35 mph zone. The arresting officer reported slurred speech, bloodshot eyes, swaying, and stumbling. Additionally, he notes an odor of alcohol on his breath. Lawson refused a chemical breath test, and the police took him into custody.

Charges to Settle

The Denver DUI charges are not yet resolved, as he is due in court on that charge later this week. The conditions of his bond on that arrest include no consumption of alcohol and monitored sobriety. This latest DUI arrest will probably not do much to help his case before the Colorado judge and prosecutors.

During Lawson’s college basketball days at the University of North Carolina in 2008, he plead guilty to underage driving after consuming alcohol. His blood alcohol concentration (BAC) estimation was only 0.03%, but that level was still a violation because he was under the legal age to drink.

The David Kavinoky Law Firm staffs the best attorneys in Los Angeles. Should you find yourself on in need of legal defense, give us a call right away. I you need the best DUI lawyer you can find, then 1.800.NO.CUFFS is the number you want to know and hope you never need. Call us anytime, 24/7, 365 days a week

Navigating Boating Under the Influence Laws

Posted by Darren Kavinoky on June 16, 2015

Boating under the influence laws are strictly enforced, and are especially pertinent the summer months.

Summer pretty much translates to water time. Whether it’s a boat ride around the lake, hanging at the beach or water skiing, usually summer conjures up the images of beautiful views, the sounds of splashing of water, and the smell of sunscreen.

Boating and Drinking Don’t Mix

What you normally don’t think of, as part of this picture, is the sounds of handcuffs, the smell of a jail cell, or the visual of red and blue lights rolling up behind you. Sorry to ruin the picture, but I gotta warn you. Its not all fun in the sun out their on the waters.

Law enforcement has made it a new priority to enforce boating under the influence with the same fervor and crack down as they have driving under the influence. That’s right, the same tough DUI enforcement that takes place on the roads will now hit the water. Welcome to Operation Dry Water.

Operation Dry Water

Operation Dry Water launched in 2009 by the National Association of State Boating Law Administrators with the U. S. Coast Guard, with the goal to bring awareness and education to recreational boaters about the dangers of alcohol and drug use while out on the water. According to the U.S. Coast Guard, alcohol is the primary contributing factor in recreational boating fatalities.

While not mandated, law enforcement agencies have chosen to participate in Operation Dry Water, lending credibility to the concern that Boating Under the Influence (BUI) is a real problem. Here in Los Angeles, the Sheriffs Department at Castaic/Pyramid Lakes and Marina del Rey; the Los Angeles Port Police; and U.S. Coast Guard are participating in the program. June 26 to 28, 2015 has been designated as the Operation Dry Water heightened enforcement weekend. But know law enforcement says outreach and awareness of BUI is year-round and added enforcement will include holiday weekends. So think of all the attention that normally accompanies DUI checkpoints on the road, that same idea has rolled out on water.

Boating Under the Influence Laws

Just so we are all clear: it is illegal to Boat Under the Influence. The California Harbors and Navigation Code is the law on the water. It is not as stringent as the law on the land and often people get confused. The one break you get on water that you don’t get on land is that open containers are fair game. But make no mistake about it, operating a boat under the influence is just as illegal as driving a vehicle under the influence of drugs or alcohol.

The law recognizes that boating under the influence can be just as and even many times more dangerous than driving under the influence of drugs or alcohol. People drive every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple times a year. Such a person is far from an expert boat driver. For that same person to be drunk and boating is extremely dangerous.

Roads vs. Water

Another important distinction between driving and boating is that driving takes place most commonly on roads that are fairly wide and stable. Boating often takes place out in the ocean where the tides and winds can change in an instant. If a person is under the influence, they will not be fast enough to respond properly to the changing circumstances. In fact, statistics from the United States Coast Guard show that in boating deaths involving alcohol use, over half the victims capsized their own boats and/or fell overboard.

Furthermore, boats, by their very nature, are inferior to cars in their ability to steer and to brake. Given that the typical boat operator spends only a few days a year on the water, they are typically not expert at handling the different problems that boaters encounter from time to time. When the hot sun and alcohol have had their say, an impaired person at the helm of a boat may be in bad shape and will be putting everyone aboard and nearby in danger.

Rules & Regulations

Under the Harbors and Navigation Code there are several laws that regulate boating and drinking. The boating under the influence laws are very similar to the driving and drinking laws. Harbors and Navigation Code 655b states that you may not operate a

boat,
water skis,
an aquaplane, or
any similar equipment (such as a jet ski),

while under the influence of alcohol and/or drugs.

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 and for boaters under the age of 21. The zero-tolerance policy means that any trace of alcohol is illegal when operating these types of watercraft.

BUI Penalties

DUI and BUI cases are similar in prosecution. Additionally, while the penalties vary, it is only a slight variation. Under the BUI laws, you can still face fines, possible jail time and alcohol education classes. The one distinction is in the length of time priors can be used to enhance your sentence. Instead of the priorability time being ten years, as in DUI cases, priors only enhance a BUI when the DUI or BUI was committed within the last seven years prior to the offense.

Also, unlike a DUI conviction, the California DMV will not revoke or suspend your driver’s license following a BUI conviction.

Fighting a BUI

It is ‘per se’ under the influence if you are operating a watercraft in California and your blood-alcohol content is above a .08%. Keep in mind, you can still receive a BUI dependent on the officer in charge. An officer’s determination that you are “under the influence” is very important. This is true even if your actual blood alcohol content is lower than that percentage.

Let’s assume the scenario above when an officer comes on board for that safety check, the next thing you know he smells alcohol on your breath, decides to do field sobriety tests, and boom next thing you know he determines that you impaired and unable to operate the boat. You may be at risk for arrest based on California’s boating under the influence laws.

Defensible Cases

These cases can be defensible. Unlike driving patterns, boating behavior (i.e. straggling lanes, speeding, are harder to quantify and qualify, thus giving the boater more margin of error on a boat than in a car. And what about those objective signs? If someone has a red face and crazy hair, driving a vehicle, it’s easy to apply assumptions. This person is drunk! However, that same argument is easily explainable for the person who has been in the sun and wind all day. Isn’t everyone unkempt on a boat? Unsteady gait? Of course! You have been walking on water all day!

There are many confusing variables involved in this type of case. Even a seasoned law enforcement officer may mistake light drinking for violation of boating under the influence laws (BUI). Your case may have some of these conditions, or any of the many others that lead to unwarranted BUI arrests. You could find yourself in a position of too much fun in the sun or wrongfully facing BUI charges. If so, you should consult with a crime attorney. A qualified DUI attorney can use the particulars of California boating under the influence laws to help you.

Summer is a great time to get outside and enjoy all that we love about Southern California. Pack your sunscreen, wear a hat, and choose a designated boater.

What You Need to Know about DUI Crackdowns

Posted by Darren Kavinoky on May 22, 2015

DUI checkpoints may impact your drive home. Be sure you don’t drink and drive!

Summer and DUI Enforcement

We are approaching summer and with the change in seasons to warmer weather, local law enforcement steps up DUI enforcement. This is especially true with checkpoints across Southern California.

Overall, the various local and state law enforcement agencies make more than 100,000 DUI arrests each year. These occur in the five Southern California counties of Los Angeles, Orange County, San Diego, Riverside, and San Bernardino.

In 2014, law enforcement arrested 499 drivers for DUI in Los Angeles County over the Memorial Day weekend. The good news is that’s 30 fewer arrests than 2013.

One hundred Los Angeles County law enforcement agencies joined together last year. They took part in a DUI enforcement program during the three big summer holidays. The three are Memorial Day, Independence Day, and Labor Day. The program is the “Avoid the 100” campaign. The program includes sobriety checkpoints and increased roving DUI patrols to deter and catch drunk drivers.

Police love sobriety checkpoints.

Surprisingly, good defense lawyers love them too (more on that below). From the law enforcement side, checkpoints are an effective way to prevent accidents and make arrests. However, years of experience demonstrate that checkpoints are also thorny problems for police and prosecutors. Oftentimes these checkpoints create an environment for illegal searches and arrests.

The courts ruled that sobriety checkpoints don’t violate a motorist’s Fourth Amendment rights if they are conducted within certain criteria. Really though, it’s surprising how often these criteria fall to the wayside.

What should you do if you end up at a sobriety checkpoint?

The first thing you should do in this situation is open your window slightly and wait for the law enforcement agent to ask you any questions. As with any routine stop, you are required to provide identifying information such as your name, address, driver’s license and registration. As a general rule, it’s good to have these things organized in advance.

Should you be asked any further questions, you can politely decline to answer. You can say something like, “Officer, I don’t really approve of roadblocks and I do not care to discuss anything further.” If the officer persists in asking questions, you can ask for the return of your license and ask if you are free to leave.
It is imperative not to answer any questions beyond “name, rank and serial number” even if they appear harmless. Questions such about where you started driving, where you are headed, your eating and drinking patterns, when you last slept and how long, and a slew of other questions are all designed to gather incriminating evidence or eliminate possible defenses your lawyer could offer.

A recent U.S. Supreme Court case, Rodriguez vs. U.S., established that a prolonged detention – one that is extended past the reason for the initial stop – is illegal, and the evidence that is gathered afterwards can be suppressed. This can be vitally important at a sobriety checkpoint; unnecessary conversation between you and law enforcement can only serve to extend the encounter unnecessarily and possibly harm your legal interests. Remember, your right to remain silent ONLY helps you if you choose to exercise it! I can’t tell you the number of people I’ve met who, in trying to talk their way out of trouble, only talked themselves into more trouble.

What are officers are looking for at DUI checkpoints?

Officers are looking for impaired drivers. To do this they will use several different methods including, asking the driver questions, and observing the driver’s behavior. These signs include:
• Contradictory answers to questions
• Smell of alcohol or illegal substances
• Slurred speech
• Open bottles of alcohol in the vehicle
• Bloodshot or red-rimmed eyes
• Admission of drug or alcohol use.

Many agencies use a portable breath test to determine the drivers’ blood alcohol content (BAC) levels. This is called a Preliminary Alcohol Screening Test (PAS). Even though it is a chemical test, it is legally considered to be a Field Sobriety Test. If you are over 21 and are not on probation for a previous DUI, this test is optional. In fact, before the officer administers a PAS test, they must read an admonition to you stating that the test is not mandatory. Because the technology shortcomings of the PAS machine make is susceptible to giving readings that are inaccurate and overly state true alcohol levels, if you’ve had any alcohol at all, especially recent consumption of alcohol, it is best NOT to take this test.

What Does an Experienced DUI Attorney Look for in DUI Checkpoints?

When conducting sobriety checkpoints, police must follow strict guidelines outlined by the U.S. Supreme Court in the landmark case Ingersoll vs. Palmer. If police do not follow the criteria from Ingersoll, the DUI roadblock isn’t lawful. Additionally, any evidence gathered during a drunk driving arrest is possibly not admissible in court.

At The Kavinoky Law Firm, our top attorneys analyze all aspects of a checkpoint. They work tirelessly to determine whether there were discrepancies between the protocol set by the courts and the operation of the checkpoint. If police do not follow all of the necessary guidelines, and there was no probable cause for a stop, we will move to have all of the evidence that from the arrest set aside.

We have very positive results doing this for our clients; it’s shocking how many sobriety checkpoints do not comply with the legal safeguards.

One of the main reasons why a good defense lawyer is optimistic about a checkpoint case is that there is a strong case for defense. These cases do not provide one of the key aspects of the case that they usually point to in trying to secure a conviction. This is, a bad driving pattern. There is no driving pattern for someone who pulls into a checkpoint. Consequently, that is something that your lawyer can use to help you win your case.

The summer holidays are a great time to get outside and enjoy all that we love about Southern California. Let’s make sure we do it in a safe and sober way.

The Kavinoky Law Firm

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

The Kavinoky Law Firm is a criminal defense firm with offices throughout California. The firm’s mission is to deliver peace of mind to every client. Our top criminal defense lawyers work to find the best possible resolution to your legal problem. Regardless of whether you have a charge of DUI, drugs, theft, domestic violence, assault, murder, or any other offense. For more on The Kavinoky Law Firm, visit www.NoCuffs.com or call 1.800.NoCuffs.

Alcohol Education Programs

Posted by Darren Kavinoky on May 4, 2015

Alcohol education classes are popular in the state of California. Many people subject to a DUI or other alcohol-related offense will attend a class at one point or another.

Alcohol Education Classes

Drunk driving convictions carry several consequences. These penalties include:

fines,
jail time,
driver’s license suspensions, and/or
mandatory alcohol education classes.

The duration of the classes depends on the offense and the number of DUI / DWI convictions a driver has over a 10-year period.

Court or DMV Mandate

Alcohol education classes derive from either the court or the DMV. Usually, the mandate accompanies a handful of other penalties. Often, a driver with suspended license must work to obtain a restricted license. In order to obtain this license, he or she must either enroll in or complete alcohol education courses.

There are times when mandatory alcohol education is not-so-mandatory. It is possible to receive a reduction in requirements through a plea bargain. To clarify, a plea bargain is an arrangement with a prosecutor that allows a DUI driver to plead guilty to a lesser charge. Generally speaking, the reduced charge carries a more manageable educational requirement.

An experienced California drunk driving attorney evaluates each case to determine whether a plea bargain is a likely or favorable outcome.

Single or Multiple Convictions

Like other aspects of a DUI / DWI case, the length of an alcohol education requirement depends on the number of convictions. The prosecutor evaluates the convictions within a 10-year time period. Multiple convictions within the 10-year period have harsher penalties. Compared with a second arrest, a first arrest is much easier. For example, if a second arrest occurs more than 10 years after a first offense, it now technically a “first-time” DUI.

The standard first-offender alcohol education program requires attendance at one three-hour session for 12 weeks, or approximately 36 hours of coursework. It may be possible to get a restricted driver’s license to allow for driving to and from the program.

In light of this, the standard program for second-offenders is divided into several phases, and typically begins with mandatory attendance at weekly sessions, gradually changing to every other week. Finally, there is a 30-month program for multiple offenders.

Mandatory attendance at alcohol education programs can sometimes be reduced through careful negotiation. A California lawyer experienced in defending DUI / DWI cases can evaluate each case to determine how to minimize the amount of alcohol education and other consequences of a drunk driving arrest.

The Kavinoky Law Firm

Nobody ever expects to find themselves on the wrong side of the law. 1.800.No.Cuffs is the number you should know, but hope to never use. As a matter of fact, The Kavinoky Law firm employs the finest attorneys the state provides. That means that with us, you are in the hand of the best criminal defense lawyer in Los Angeles.

If you are under arrest for DUI, then you need a DUI attorney. Call us right away. Cal anytime, 24/7. We don’t sleep so you can.

Cycling Under the Influence

Posted by Darren Kavinoky on May 4, 2015

Cycling Under the Influence (CUI) – California Criminal Law

Drunk & Bicycling

Riding a bicycle under the influence of alcohol or drugs is a crime in California. A person convicted for cycling under the influence will face a fine of $250. The fine is not much in comparison to the fine in a drunk driving case. Yet, with that said, this amount can be substantial to some people.

There is no reason not to fight the charge or the fine. In fact, there are several issues that make CUI cases weak. An experienced DUI / DWI lawyer can successfully challenge a cycling under the influence case based on these issues.

There are several elements that a prosecutor must prove in order to convict someone of drunk driving. A primary element is that the person was driving a vehicle while under the influence of alcohol. Bicycles are not technically “vehicles” under California law. Therefore, cycling under the influence is not under the same California Vehicle Code laws that address driving vehicles while intoxicated. Instead, the California Vehicle Code has a separate provision that states that it is unlawful to ride a bicycle on a highway while intoxicated. Highway refers to most public streets. However, there are other places where one may receive a CUI. There are places such as bike trails and parks.

Cycling Field Sobriety Test

In the course of a CUI investigation, a police officer may ask the cyclist to complete a field sobriety test. The police use the field sobriety test for people they stop while driving. The test tells police whether a driver is operating a car under the influence of alcohol.

According to the majority of California criminal defense attorneys, the field sobriety tests tend to lean in favor of the police. That is to mean, it is easier to fail a test than it is to pass. Most often, the police officer will have made up his or her mind that they are going to make an arrest, yet they will go on and do more field sobriety tests simply to try to gather additional evidence against the person under investigation. Furthermore, it is important to understand that field sobriety tests are not mandatory. An individual can choose not to do the tests.

Cycling Similar to Driving

For people riding bicycles along public highways, the Implied Consent Law applies to them just as it applies to drivers arrested for drunk driving. This law requires that once a person has been arrested for driving or cycling while intoxicated, that they submit to a chemical test. Refusal to submit to a chemical test can carry additional penalties and consequences. In cases of driving under the influence of alcohol, the legal limit for driving a vehicle is .08 percent of an individual’s blood alcohol content. There is no similar rule for cyclists. Whether a person was too impaired to ride a bicycle along a highway must be proven with circumstantial evidence.

There are several ways to attack a CUI charge. One of these is to challenge whether the cyclist was in fact riding on a “highway.” Although the definition of highway includes public streets, it excludes driveways and private roads. It also excludes many recreation areas where bikers may be, such as mountain bike trails or boardwalks by the beach. Another way to attack the charges is by way of attacking the results of the chemical tests.

Challenge Your Charges with a Lawyer’s Support

Just like cases involving driving a vehicle under the influence of alcohol, a charge for cycling under the influence is not a hole-in-one. A criminal defense lawyer with experience fighting CUI cases can aggressively fight the charges. This lawyer will keep negative consequences to a minimum.

Don’t fight your case alone. Contact an experienced DUI attorney to fight for you. The Kavinoky Law Firm employs only the best. Call 1.800.No.Cuffs 24/7, 365 days a year. We don’t sleep – so you can.

Marijuana and Driving Under the Influence in California

Posted by Brianna Wilkins on February 28, 2014

Marijuana is still considered an illegal drug in the state of California. Although it is possible to now obtain and consume marijuana legally, it is not legal to drive under the influence.

Driving Under the Influence of Marijuana

Driving under the influence (D.U.I.) is a common and very public crime in California. Due to its exposure, most people think of a DUI as being alcohol-specific (“drunk driving”). When, in fact, driving under the influence of any substance (legal or not) can lead to an arrest and conviction.

Generally speaking, this is one of the reasons why it is so important to work with an attorney. An individual under arrest for driving under the influence of marijuana to needs to call a skilled California criminal defense lawyer. Specifically, a lawyer who specializes in driving under the influence of drug (D.U.I.D.) cases.

California prohibits driving while under the influence of any drugs or alcohol. An individual is “under the influence” of a drug when his or her body responds to a substance. To be more clear, it is when the nervous system, brain, or muscles respond unnaturally to a substance. The individual should not drive when the impact is to the point where the individual cannot drive naturally.

With all this in mind, when one cannot drive like a prudent and cautious person, in full possession of his or her faculties, using reasonable care, then he/she is reckless. To put it more plainly, the individual is at risk or receiving a DUI or a DUID.

An Arrest While Driving

Now, there is no immediate test available to confirm an officer’s suspicion that the driver is under the influence of drugs. The officer’s subjective opinion is the primary evidence for the case. Both the District Attorney or the City Attorney rely on this opinion when prosecuting this type of case.

When the police arrest an individual on a DUID charge in California, the investigation is like a DUI case. It proceeds in same way that an alcohol-related DUI would, except that the driver has a choice of different tests. The driver with a DUID charge choose either a blood or urine test.

Unlike other states, the mere presence of marijuana in one’s system isn’t enough to sustain a conviction. This means that even if a test reveals that the accused had marijuana in his or her body, the defendant isn’t without defense. A good criminal attorney knows how to convince a jury that its effects had expired prior to driving.

Evidence and Prosecution

In order to determine whether the driver was under the influence of marijuana, the prosecution will look at four types of evidence including:

The defendant’s driving pattern,
Physical signs and symptoms of impairment,
Performance on the field sobriety tests (FSTs), and
Chemical test results.

It is also common for both sides to hire their own criminalist to testify about the effects that marijuana has on one’s ability to drive a car. An experienced DUID lawyer knows the most effective ways to challenge this type of evidence, and will call into question the officer’s experience and bias as well as the results of the blood or urine test.

Being arrested for driving under the influence of marijuana can be a frightening and overwhelming experience, which is why having a knowledgeable attorney by one’s side can make all the difference. A seasoned lawyer will help guide his or her client through all proceedings with skill, compassion and ease.

Seek Counsel Right Away

The outstanding attorneys at The Kavinoky Law Firm maintain an excellent reputation. In fact, they historically defend their clients quite successfully. They excel especially with those facing accusations of driving while under the influence of marijuana. Since they focus on marijuana-related offenses, they have relationships with many of the local prosecutors. This provides their clients with a tremendous advantage.

With law offices throughout California, including several in and around the Los Angeles area, they are conveniently located for anyone in need of an exceptional D.U.I.D. attorney. For the most trusted legal advice and unparalleled representation, contact the criminal defense attorneys at The Kavinoky Law Firm today.

The Kavinoky Law Firm

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California.

Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Drunk Driving & DUI: Driving Under the Influence in California

Posted by Brianna Wilkins on February 28, 2014

Drunk driving is not a fun, or uncommon, federal offense. California DUI arrests occur unexpectedly. Typically, the driver does not understand the complex legal issues that follow a DUI arrest. With this in mind, though, drunk driving arrests require fast action.

The most pressing issues are to first find an experienced California DUI attorney, while in custody. Next, you need to find a reputable bail bond firm to post bail and go home. Then, you will request a DMV hearing to prevent the automatic suspension of driver’s license.

Following a Drunk Driving Arrest

If a friend or relative is in jail under suspicion of DUI, the first step is to find them. However, locating a driver after a California DUI arrest is challenging without the right resources. When attempting to find a driver arrested for DUI, first gather helpful information.

Information to Provide When Looking for Someone in Custody:

The driver’s full name,
date of birth, and
booking number if available.

These three things will all make the process of locating the driver much easier. Of course, the driver’s release from jail is usually a top priority.

Bond Providers & Posting Bail

In some cases, individuals under arrest for driving under the influence are released on their own recognizance (OR). Still, most people must post bail. This means, the individual must pay a sum of money for his or her freedom. So, once you find your friend or family member, you want to get them out as soon as possible. In this case, locating a bail bond provider is the next step in getting a person released from jail. California bail bondsmen usually require an up-front down payment of 10% of the bail amount to secure the driver’s release.

Legal Considerations

Now, once the driver is out of jail, it is time to focus on the legal considerations.

It’s critical to address the legal issues that stem from a drunk driving arrest as quickly as possible. A California DUI / DUI arrest actually generates two separate cases:

A Department of Motor Vehicles case and
A Court case.

An individual facing a driving while intoxicated charge has only 10 days from the date of arrest to request a DMV hearing. This includes weekends and holidays. If not, they risk having their license automatically suspended.

California Court

A California drunk driving court case begins with arraignment. The driver enters a plea of guilty or not guilty. If the criminal defense attorney has any tenure, then they will advise the client to plead not guilty. This is an appropriate defense strategy during arraignment as it is still early in the case. The driving under the influence lawyer allows for time here to examine the facts of the case prior to trial.

There are many tried-and-true defense strategies to fight a drinking and driving charge. Consequently, there are many good reasons to fight a drunk driving charge in court. Some drivers fear that a DUI arrest means an automatic conviction, but that’s simply not true. It’s possible to fight and win a drunk driving case with the help of great legal counsel.

Seek Legal Counsel

It’s possible to win in court and at the DMV hearing to determine driver’s license status. However, keep in mind, these procedures are extremely complex. Additionally, the cost of losing is high. An successful California DUI criminal defense attorney can develop an aggressive strategy to attack both cases.

The Kavinoky Law firm hires only the best criminal defense attorneys in California. 1.800.No.Cuffs is the number you need to remember – and hope you never need. Call us, because nobody looks good in handcuffs. #unlessyoureintothatsortofthing

Misdemeanor DUI

Posted by Brianna Wilkins on November 5, 2013

Misdemeanor DUI charges are among the most popular driving arrests in the country. In fact, the majority of driving under the influence arrests are misdemeanors. Although a misdemeanor is less serious than a felony offense, it is still a crime in the state of California. So with that crime also comes its own set of penalties. With that said, hire an experienced criminal defense attorney the first chance you get.

Misdemeanor DUI Penalties

Under California state law, even first time misdemeanor offenses carry a fine of:

Up to $1,500,
A six-month license suspension,
Community service requirements, and
Time behind bars.

Though these penalties may seem harsh, they’re quite lenient compared to the penalties for felony DUI.

Drunk-Driving Laws in California

California has two basic drunk driving laws:

It is a misdemeanor to drive under the influence of alcohol and drugs, and
It is a misdemeanor to drive with a BAC of .08% or more.

In most cases, a defendant sees both charges in court. Although the defendant may be charged with both offenses, they can only receive punishment for one. Also, the penalties are the same for both offenses.

Misdemeanor Charges

If this is your first driving under the influence offense, chances are you’ll get a misdemeanor DUI charge.

A DUI arrest triggers two cases. First, the case with the criminal court. Second, a case with the DMV. With misdemeanor cases, there is no need for a grand jury to convene and investigate the DUI charges. Additionally, the offender may keep some of his or her rights. Unlike those convicted of felonies, this defendant keeps the right to serve on a jury, vote, or practice certain professions.

To determine whether your offense is a misdemeanor or felony, the court will review several factors. These include the circumstances of your arrest and any previous criminal activity. Most DUI cases fall under the realm of a misdemeanor unless a few conditions are true. You’re more than likely to face felony charges if you were:

Involved in an accident,
Driving more than twenty miles an hour over the speed limit, or
Driving a passenger under the age of fourteen in your vehicle.

Penalty Information

The penalties for a misdemeanor DUI in the state of California usually include informal probation for up to five years, up to six months in county jail, up to $1,000 in fines, mandatory alcohol and/or drug programs, and a license suspension that can last for up to ten months. Depending on how many previous misdemeanor DUIs are on your record, a mandatory jail sentence may be included in the penalty.

There are a variety of ways to fight a misdemeanor DUI charge in the state of California. Chemical tests come with their own set of inaccuracies, and certain medications may have an effect on your blood alcohol content. Additionally, sobriety checkpoints must adhere to strict legal requirements. If an officer forgets to read you your Miranda Rights, you may win your case.

If you’ve been arrested for a misdemeanor DUI, an experienced criminal defense attorney can help you win your case and protect you and your family from the criminal and financial penalties associated with a misdemeanor DUI.

Third Offense DUI

Posted by Brianna Wilkins on November 5, 2013

Third offense DUI charges are more severe than first or second offenses. If you have more than one DUI charge within ten years, you may think you know what to expect.

However, third offense DUI does not carry the same fines, penalties, jail terms and other requirements as the last time.

Under state law, anyone who is a habitual drunk driver, faces harsher punishments each arrest. Just a note: A habitual drunk driver is anyone convicted of more than one DUI within ten years. So, the consequences of a third offense DUI are much worse than other offenses.

Consequences of a Third Offense DUI

The consequences of a third offense DUI depends on a few factors. It depends heavily on whether or not the driver submitted to a chemical test. If a driver arrested for a third DUI in ten years submits to a chemical test, he then faces a less-harsh penalty. He is looking at a two-year license suspension and SR-22 insurance for three years following license suspension. They also have the option of requesting a restricted license after eighteen months.

Those who refuse to submit to a chemical test face much stricter penalties. These include:

Additional license suspension of up to one year for a first refusal,
Two for a second refusal, and
Three for a third refusal.

Additionally, drivers who don’t submit a chemical test cannot obtain a restricted license.

Additional Penalties

According to California Law, a DUI arrest triggers an automatic license suspension. You only have ten days to challenge your suspension with the Department of Motor Vehicles. So, it’s crucial to find a qualified criminal defense attorney quickly.

Once the DMV receives your request, you’ll have a hearing where a DMV official will review the evidence against you. Here, the judge will decide if your arrest was legal. If the arrest was legal, in their opinion, your license will remain suspended.

The punishment handed down from the DMV is separate from the penalties stemming from a criminal conviction in court.

The Criminal Penalties of a Third Offense DUI

These include:

Three-to-five years informal probation,
A fine between $1,800 and $2,800,
A minimum of a two-year loss of your driver’s license,
Mandatory 18-month DUI classes, and
A required 120 days of jail.

Though it is possible to have your jail term converted to an alternative, like home arrest, rehab, or a combination of the two, many counties insist on at least 210 days of jail. Yet others require a full-year prison sentence.

Though these are the typical penalties for a third offense DUI, the specific punishments rely on the specifics of the case and your previous DUI history. If the courts deem your blood alcohol level to be excessively high, or if you caused an accident or had a minor in the car with you at the time of arrest, enhancements can be added to your punishment- including additional time added to your license suspension, increased jail time, or the required installation of an Ignition Interlock Device, a breathalyzer-type device attached to your vehicle which must be blown into before the engine can be started.

If you’re found guilty of a third offense DUI, you’ll also be designated as a habitual traffic offender by the DMV. This designation can increase fines and penalties for future traffic violations.

Hire an Expert Attorney

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.