Category: Driving Under the Influence

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

Second Offense DUI

Posted by Brianna Wilkins on November 5, 2013

Second Offense DUI charges are different from first offenses and misdemeanors. If you’re one of the thousands of individuals with a prior drunk driving conviction on your record, being arrested for a DUI once again can be a distressing experience.

Second Offense DUI

The penalties of a second offense DUI are much more serious than those that accompany a first offense DUI. These penalties comparatively include:

Heightened jail time,
A longer driver’s license suspension,
Higher fines, and
Additional punishments.

California state law classifies delineates between repeat and first-time offenders. For example, anyone convicted of DUI more than once in a ten-year period is a repeat DUI offender. Consequently, lawmakers and police officers show little empathy towards these individuals.

Repeat Offenders

Repeat offenses fall under California Vehicle Code 23540. According to this code, any person convicted of two DUIs within a ten-year period shall be punished by:

“…imprisonment in the county jail for not less than 90 days nor more than one year, and
by a fine of not less than $390 and no more than $1,000…”

Though this is the technical punishment for a second offense DUI, two-time offenders can also expect:

Three-to-five years of probation,
Mandatory 18-month or 30-month court-approved DUI classes, and
A two-year driver’s license suspension in addition to the jail time and fines.

Restricted License

If certain requirements are met, the defendant may request a restricted license. The restricted license may be come after one year of license suspension is complete. Additionally, it comes only if the defendant can:

Provide proof of enrollment or completion of a treatment program,
Financial responsibility, and
The payment of specific fees.

If you receive permission for a restricted license after one year, it comes with a caveat. The judge requires you to install an Ignition Interlock Device (IID) in your car. This breath device is the gate-keeper to starting the car. It attaches to the steering column. To start the car, the defendant blows into the device to show they have a 0% BAC. Once the BAC reads 0%, the car starts. The IID measures blood alcohol content and prevents the car from starting if alcohol shows.

Jail Time & Additional Penalties

Jail time is mandatory for a second offense DUI. There is a required minimum of 96 hours, though many counties will insist on at least ten days. Still, many other counties may require 30.

One factor the DMV considers is whether the motorist takes to take a chemical test. Those arrested who agree to a chemical test upon arrest face the standard penalties. However, those who refuse a chemical test face more severe consequences. Included in the severity is the judges right to refuse a restricted license.

Enhanced penalties may accompany a second offense DUI. This is true if the defendant is:

Still on probation for the prior DUI,
Driving on a suspended license,
Refuses the chemical test,
Guilty of speeing more than 30 miles over the posted speed limit, and/or
Blowing driver’s alcohol levels exceeding .15%.

Since much of a sentence depends on what a judge sees fit, a qualified criminal defense attorney can help convince the judge that you are worthy of another chance. Upon your arrest for a second offense DUI, remember to contact the DMV within ten days. Hire an experienced DUI lawyer to help you build a defense.

If you should find yourself arrested for DUI, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

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First Offense DUI

Posted by Brianna Wilkins on November 5, 2013

First Offense DUI charges are unfortunately not unique. If you have an arrest for a first offense DUI, you’re not alone. California police arrest over 200,000 drivers each year for suspicion of driving under the influence. For most of them, this is a first-time arrest.

Unfortunately, in an effort to deter California motorists from violating DUI laws, the penalties are quite severe. Regardless of first or second arrest, those accused are in need of a strong defense.

First Offense DUI Charges

Most people with a simple first offense DUI can expect the same or similar sentences. Provided, there was not an accident associated with the arrest.

Although the criminal penalties of a DUI come to fruition following a court case, the administrative penalties begin immediately. Following your arrest, the DMV revokes your driving privileges and issues a license suspension. In order to challenge this penalty, you must request an administrative hearing within ten days of your arrest.

Criminal Punishment

In addition to the administrative penalties imposed by the DMV, those found guilty of a first offense DUI in the state of California face criminal punishment for their actions.

Depending on the exact circumstances of your arrest, a first time DUI conviction usually includes:

Three-to-five years of probation,
A fine of up to $1,800 (including court fees),
Loss of your license for up to six months, and
Mandatory drug and/or alcohol classes.

Once the driver receives their license, they must maintain SR22 insurance. This insurance is an expensive auto-insurance policy designed for high-risk drivers. This is mandatory for three years following conviction.

Ignition Interlock Device

Beginning July 2010, drivers convicted of a first offense DUI in the counties of Sacramento, Tulare, LA, and Alameda must install an Ignition Interlock Device on their vehicle for five months (twelve months if an injury was involved).

This device requires the driver to blow into a breathalyzer attached to the ignition before they are able to start the vehicle. If the IID detects alcohol on your breath, the vehicle will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.

Though this is a general listing of the penalties for a first offense DUI, there are many factors that can increase the sentence, like an exceptionally high blood alcohol content, prior convictions, having minors in the car, and a collision, regardless if someone was hurt. These are just a few of the ‘aggravating’ factors that can alter the outcome of a first offense DUI case.

Before a DUI conviction, the prosecution must prove three things:

The officer who arrested you had probable cause to stop you,
You violated the state’s DUI laws by driving with a BAC over the legal limit, and/or
Your arrest was lawful.

If the prosecutor fails to prove all three of these requirements, then the charges against you are in jeopardy. A great attorney knows how to request a dismissal of charges.

Immediately Following Your Arrest

Following your arrest, for any DUI offense in the state of California, you only have ten days to request a DMV hearing. This request will postpone your license suspension until after the court hearing. In some cases, requesting the DMV hearing may result in your license suspension set aside indefinitely.

Important: Hire a DUI attorney within that initial ten day period. By doing so, they can request the hearing for you and even represent you at the hearing. Additionally, an expert attorney can give you detailed advice and come up with the best defense for your specific case.

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.

Felony DUI

Posted by Brianna Wilkins on September 30, 2013

Felony DUI arrests and convictions place the accused in a great deal of trouble. Not only does this impact the accused criminally, but socially and professionally as well

California DUI / DWI Arrests

California DUI / DWI arrests are charged in one of two ways – as misdemeanors or felonies. How a California drunk driving arrest is charged depends on the facts of the case, including whether there was an accident, injuries, or death or whether the driver is alleged to have left the scene of a crash. The number of prior convictions for drinking and driving may also be a factor.

Regardless of the circumstances, a California felony DUI charge is a serious allegation that carries harsh repercussions. The accused driver needs an expert defense attorney at his or her side. The knowledgeable DUI / DWI defense lawyers of The Kavinoky Law Firm know every aspect of California felony drunk driving defenses. These tenured criminal defense attorneys will fight hard to safeguard the accused driver’s rights.

Generally, misdemeanor and felony charges are distinguished by the consequences that can be meted out – misdemeanors are punishable by up to a year in jail, while felonies can bring a year or more in state prison.

Felony DUI Charges

First- , second-, and third-time drunk driving charges are generally misdemeanor charges in California. However, aggravating circumstances can cause the prosecutor to file a felony drunk driving charge. These charges include a hit-and-run allegation or other outside convictions. California drivers with three or more prior DUI / DWI convictions in the past 10 years will also be charged with a felony for a subsequent offense.

California drunk driving incidents that result in death are by far the most serious allegations, and will always result in felony charges. Depending on the circumstances, a DUI / DWI driver accused of causing the death of someone else will face felony manslaughter, vehicular homicide, or second-degree murder charges.

Under California law, manslaughter is the killing of another person without intent. However, manslaughter lso dictates the accused acted with the knowledge that one’s actions are likely to cause death. This charge is pursued in felony DUI / DWI cases under the theory that a person who drinks and drives knows that the behavior is dangerous and that it could lead death. This is also defined as criminal negligence.

Additional Factors

Intent is not the issue in a manslaughter prosecution. In almost every case, a person driving under the influence of alcohol does not intend to kill. However, the prosecutor will argue that the driver knew that his or her actions could lead to death. If the driver has prior DUI / DWI convictions, the prosecutor can argue that the driver really did know how dangerous his or her actions were.

Vehicular homicide is a wobbler, meaning the crime vacillates between a misdemeanor or a felony. In most cases it is a felony charge. However, a vehicular homicide charge sticks if the prosecutor establishes that the driver acted with ordinary negligence.

Second-degree murder is a rare charge in a California driving-while-intoxicated case. In second-degree murder cases, the prosecutor works to prove the driver acted with implied malice. If not implied malice, then a conscious disregard for human life. It is important to note that this is not easy to prove.

Hire Great Defense

In some California felony DUI / DWI cases, it may be in the driver’s best interests to accept a carefully-negotiated plea bargain. However, a plea agreement must be a bargain for both the defense and the prosecution – the driver receives lesser charges and/or punishment in exchange for pleading guilty.

The allegations themselves carry extremely serious repercussions in a California felony DUI / DWI case. However, there are many valid defenses to felony drunk driving charges. An experienced DUI / DWI defense lawyer can outline the driver’s options during a free consultation.

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 the television programs The Insider. He is a guest on shows including 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.

Types of DUI Offenses

Posted by Brianna Wilkins on September 25, 2013

DUI Offenses vary in their actions, convictions, and penalties. Depending on the exact offense you’re facing, previous DUI offenses, and location, the penalties differ.

DUI Offenses in California

In California, a DUI conviction carries stiff penalties, fines, and punishments.

In most cases, criminal charges consist of two offenses:

Driving under the influence, and/or
Driving with .08% blood alcohol concentration or higher.

However, while it’s possible to be convicted of both offenses, there is only one sentence for both convictions.

Current DUI Law

Under current California DUI law, each offense determines a different penalty.

A first offense DUI carries any and all of the following penalties

Serve a jail term of a minimum of two days and a maximum of six months
Installation of an ignition interlock device (IID) if the conviction is in Alameda, San Francisco, Los Angeles, or Tulare County
License suspension
Payment of various fines and fees
Placement on informal probation for three years.

According to the Los Angeles Times, the past few years reflect an increase in fines and penalties. For a first-time DUI in the state of California, penalties and fines are up 29% from those in 2011.

Prior Convictions

With all this in mind, it is important to note these are not the only factors. In fact, prior drunk driving convictions have a dramatic impact on new punishment for DUI offenses.

Those convicted within ten years of a second or third DUI may face:

Mandatory drug and alcohol programs that can last up to 30-months, and/or
License suspension for one or more years.

If enhancements occur during the case, California DUI law requires increased penalties. Enhancements are additional factors that negatively contribute to the DUI offense. These include:

Driving under the influence with a child under 14 in the car,
Excessive speeding at the time of arrest,
Chemical test refusal, and/or
Prior convictions within ten years of the current date of arrest.

In regard to priors, one or two prior convictions carries an increased jail sentence and longer license suspensions. Furthermore, three or more priors automatically change the offense to a felony. Additionally, if another person experiences injury or dies, the penalty increases. If these occur as a result of your DUI violation, the offense can be charged as a felony DUI.

DUI Punishments

The punishments for DUI offenses vary depending on the facts of the case. However, a DUI charge always generates two different cases in the state of California. One case is with the DMV. The power to suspend or revoke a driver’s license in DUI cases comes from the DMV. Then, the second case is with the criminal court. Criminal court cases either go through dismissal, plea bargain, or with an actual trial.

Whether you’ve been charged with a misdemeanor or felony DUI, the penalties for drunk-driving are serious. In fact, they affect an individual’s financial and personal life for years to come.

So, if you’ve been arrested for driving under the influence, finding the right California DUI lawyer who specializes in criminal defense can help you zealously fight your case in court. The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles.

Regardless, we know nobody looks good in handcuffs. #unlessyoureintothatsortofthing

After Arrest: What to Do Following Police DUI Arrest

Posted by Brianna Wilkins on September 24, 2012

Arrest for DUI can be a scary thing: don’t panic. There are things you can do to work to ensure your fair treatment. First things first, hire an experienced criminal defense attorney. A great attorney will work to get you the best outcome possible from your case.

What to Do First After DUI Arrest

There is an lot of circumstances that lead to an arrest for a California DUI / DWI or drunk driving. For example, maybe you and your date shared a bottle of wine at dinner. Sadly, in your excitement to get home, a police officer pulled you over for speeding. If the officer detected the smell of alcohol on your breath, now you’re in trouble. Or, let’s take another situation, maybe you had one too many at a friend’s wedding. A police officer pulls you over when you fail to come to a complete stop somewhere. The point is that a drunk-driving arrest happens to almost anyone at any time. When it does happen, a call for a California DUI attorney is a must.

While you may have feelings of distress or anger following your arrest, do not bury your head. Waste no time in hiring qualified California criminal defense lawyers or a DWI criminal defense lawyer. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles. If you or someone you know is facing a charge of driving under the influence, you need legal assistance. You may need to locate someone who remains in custody, and you will need to locate a bail bondsman. Consequently, a lawyer that specializes in California DUI laws can help you navigate the confusing California system.

Custody and Bail

It is not always simple locating a friend or loved one who is in custody. Without the right information, it can feel downright impossible. When attempting to locate someone it is helpful to have the individual’s full name, birth date, and booking number from the arrest.

Most often, one is released on their own recognizance (OR) following an arrest for a DUI / DWI in California. This means that a person is free to go but must return to court for their arraignment. There is a great deal of trust here, as there is no bail paid. However, this does not mean that they are not in need of California criminal defense lawyers.

With this said, there are circumstances in which a person is held in custody until they pay bail. In such cases, locating a dependable bail bondsman is crucial. The bondsman can help secure the rapid release of the suspect. Additionally, the bond helps speed up the beginning to his or her defense. Typically a bail bondsman requires a down payment equal to ten percent of the total amount of bail.

DMV Case and California Criminal Case

A DUI / DWI charge in California actually results in two separate cases. You will face a California Department of Motor Vehicles case and a California criminal case. Each case needs to happen as soon as possible in order to avoid unnecessary negative repercussions.

In California DMV cases a person accused of drunk driving has ten (10) days from the date of arrest to request a DMV hearing. If this doesn’t happen, the DMV automatically begins a process of suspending the person’s license to drive.

In the criminal case involving driving under the influence, the first step is the arraignment. At the arraignment, you enter a plea of Guilty, Not Guilty, or No Contest. Remember, you don’t have to enter a guilty plea. An experienced California DUI attorney can fight your case and win. However, they must know the California DUI laws in every detail.

Hire Great Counsel

Oftentimes, it takes costly resources to fight a CA DUI / DWI case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy. Success can happen in both the DMV hearing and the criminal drunk driving case.

Bail Bonds – Release on Recognizance

Posted by Brianna Wilkins on August 27, 2012

Bail bonds can feel like an overwhelming and complicated part of the arrest process.

Whether you or a loved one is facing conviction for DUI (drunk driving) or murder, a misdemeanor or a felony, you want out of jail. Therefore, one of the first priorities is to get the accused released from custody.

Bail, Bail Bonds, and O.R.

Release may be by way of a simple promise to appear, also known as being released O.R., or on one’s own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to secure release.

Most counties have a “bail schedule”, which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations, and a corresponding bail amount. These are the “presumptive” bail bonds amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider:

The bail schedule,
Seriousness of the offense,
Previous criminal record of the defendant, and/or
Whether the defendant has ties to the community, owns property, or has a job, and many others.

Types of Bail

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an person cannot go home until a sufficient period of time. The person must allow their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is not allowed by the arresting agency. In cases involving drugs, or criminal enterprises, a source of bail hearing must occur. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

Once you know bail prices, it amount shows up in one of several ways:

Cash bail,
Government bonds,
Real Property, or
Bail Bonds. This last option is the most popular of all four.

Bail Bondsmen

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

We work with some of the best, most dedicated bail bondsmen in the business. Like our offices, these bondsmen dedicate themselves to providing the best possible service. They give their clients excellent value for their investment. If someone you care about needs to bail out of jail, you can call on them for immediate help.

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DMV Unit of Kavinoky Law Firm – California Attorneys

Posted by Brianna Wilkins on May 4, 2012

DMV Unit of the The Kavinoky Law Firm’s specializes in unique suspensions as well as DUI suspension cases.

California License Suspension

Your driving privileges are not always permanent. Your ability to legally drive in California comes under threat when certain circumstances occur. These circumstances include:

Medical suspension. A doctor or someone else informs the DMV that you may have a condition that prevents you from driving safely.
Negligent operator suspension. This means you have too many points on your record.
California DUI arrest. Now, you need a skilled advocate fighting for your rights.

A person facing a conviction for any of these reasons gets a hearing before the California DMV. The California DMV may not suspend your driver’s license without the hearing. It’s possible to successfully fight a driver’s license suspension.

Two Separate Cases

If arrested for California DUI, or another driving-related crime, it’s important to know a few things. First of all, a drunk driving arrest actually triggers two separate cases. In fact, this arrest triggers a case in criminal court and at the California DMV.

Additionally, both cases require aggressive action with a successful attorney. However, the California Department of Motor Vehicles case is a far more time sensitive issue. You have only 10 days from the date of arrest to request an administrative per se hearing. If this is not done, the DMV suspends your driver’s license automatically.

License Suspension

The California DMV can and will suspend your driver’s license if you lose your hearing or fail to request one. Therefore, you need a legal team that has the experience to fight for you. The Kavinoky Law Firm’s DMV Unit is here to help. Our DMV Unit has a solid record of positive results in fighting for drivers’ rights after a California DUI arrest.

We’ve saved clients’ driver’s licenses in the most extreme circumstances. In fact, even when they were accused of having a relatively high blood alcohol content (BAC). We fight to exclude evidence of a chemical test. If that effort is successful, the DMV hearing officer can’t even consider blood or breath test result.

DMV Unit & Advocate Working for You

The Kavinoky Law Firm has a former California Department of Motor Vehicles hearing officer who acts as a fulltime advocate for our clients at the DMV. Our DMV advocate participated in countless per se hearings at the California Department of Motor Vehicles, so he thoroughly understands both sides of the process.

A managing attorney oversees all of The Kavinoky Law Firm’s DMV cases, and furthermore, our team includes an American Bar Association-certified paralegal. Our comprehensive team approach to tackling your California DMV case will result in a unified effort to protect your driving privileges.

If you find yourself facing a California DMV suspension, you need a good criminal defense attorney. Due to the extreme penalties associated with these accusations, don’t wait.

A negligent operator allegation or a medical suspension is difficult and not fun to manage. But most of all, if you have a DUI arrest, you need a skilled advocate fighting aggressively for your rights. The DMV Unit of The Kavinoky Law Firm is here to help. To learn more about effective defenses to a DMV administrative action, please contact us today at 1.800.NO.CUFFS for a free consultation.

Bail and Sex Offenses

Posted by on May 4, 2012

Bail and Sex Offenses

In California, when an individual is arrested for a sex crime, he or she is taken into custody until either bail is posted, until he or she is released on his or her own recognizance (also referred to as OR) or until his or her trial if the offense is so severe that it is considered unbailable. In order to be released from custody as quickly and as inexpensively as possible, the accused (or a family member or friend of the accused) should immediately contact the knowledgeable and discreet sex crime defense attorneys at The Kavinoky Law Firm, who are outstanding in this complex field of law and know how to successfully tackle every stage of the criminal court process.

The Los Angeles County 2007 Felony Bail Schedule will serve as an example of the amount of bail that may be set for specified sex offenses. Every county in the state has its own bail schedule and the amounts in each may be modified at the court’s discretion, as permitted by law. Typically, bail for an offense will be specifically listed in the schedule. If it is not, there are general bail amounts that may be used, depending on the maximum state prison term that is applicable to the offense, and these amounts will range from $20,000 for a maximum three-year sentence to $100,000 for a maximum 16-year sentence to $1,000,000 for a life sentence.

When the accused is charged with two or more offenses, the highest bail amount will be used, unless the offenses were committed against separate victims or on separate dates or where separate sex acts were performed on the same victim and each may be separately punished. If the offenses fall under any of those scenarios, the bails may be totaled. Aggravating circumstances and/or prior convictions also carry independent bail amounts, which will be added one time per defendant or per case.

It must be noted that some of these offenses, even though a specific bail amount is posted, may be unbailable crimes or may have a variety of bail amounts that are applicable, which is why it is absolutely vital that the accused contacts a qualified criminal defense lawyer who can reconcile any discrepancies with clarity and competence.

Rape (committed in situations where force or threats weren’t used) = 100,000 Rape (in concert with force and violence) = $250,000 Statutory rape (with person under 18) = $20,000 – if defendant is over 21 and alleged victim is under 16 = $25,000 Spousal rape (committed in situations where force or threats weren’t used) = $100,000 Pimping = $25,000 – if other is a minor over 16 = $50,000 – if other is a minor under 16 = $75,000 Pandering = $35,000 – if other person is a minor = $50,000 Incest = $50,000 Sodomy (with minor under 18) = $50,000 -all other situations, including those when the alleged victim is under 16 and the accused is over 21 and when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Lewd act with a child under 14 = $100,000 Oral copulation (with minor under 18) = $50,000 -when alleged victim is under 16 and the accused is over 21 = $75,000 -all other situations, including those when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Arranging or attending a meeting with a minor to procure sexual exposure = $75,000 Contacting a minor with the intent of committing a sexual offense = $5,000 -with a prior = $25,000 Engaging in specified sex acts with a minor under 10 = $100,000 Sexual penetration = $100,000 Failure to register as a convicted sex offender, under Penal Code 290 = $20,000 Bringing or distributing obscene matter within the state of California = $40,000 Using a minor to bring or distribute obscene matter within California = $40,000 Possession or control of child pornography = $20,000 -with prior = $40,000 Indecent exposure = $35,000

Contact the experienced criminal defense attorneys at The Kavinoky Law Firm today for more information and for a free consultation.

Riverside and San Bernardino counties DUI / DWI Arrests

Posted by Brianna Wilkins on May 4, 2012

Riverside and San Bernardino counties DUI / DWI Arrests

A DUI / DWI arrest in Riverside or San Bernardino county carries extremely serious consequences – if convicted, you face a large fine, a lengthy driver’s license suspension, and even the possibility of spending time in jail. Fortunately, you have an opportunity to aggressively fight your Inland Empire DUI / DWI charge and completely avoid these repercussions. The skilled DWI/DUI lawyers of Riverside, CA and San Bernardino County of The Kavinoky Law Firm have the experience needed to effectively fight your Inland Empire drunk driving charge and create reasonable doubt in your guilt.

If you were arrested for DUI / DWI anywhere in Riverside or San Bernardino County, it’s critical to have an expert drunk driving lawyer to walk you through this confusing experience. A skilled Inland Empire DUI / DWI defense lawyer will assist you with every aspect of your drunk driving case, including obtaining your release on bail or on your own recognizance (OR) and requesting a hearing with the California DMV.

Requesting your DMV hearing in a timely manner is critically important in a California DUI / DWI case. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will be automatically suspended. However, like your drunk driving criminal case, the administrative case brought against you by the California Department of Motor Vehicles can be aggressively defended.

An experienced Inland Empire DUI / DWI lawyer will also start planning an effective defense strategy to defend you in court. Your DUI attorney in Riverside, CA should aggressively challenge the result of your chemical test, your field sobriety test, and any observations by the arresting officer that point to your intoxication.

If you refused to take a chemical test to determine your blood alcohol content (BAC), face punishment from both the California DMV and the court. You’re required by law to submit to a breath or blood test after a lawful California DUI / DWI arrest, and refusal to do so will cause the DMV to suspend your driver’s license for an additional length of time. Also, the prosecutor will introduce your refusal as evidence of “consciousness of guilt.” However, it may be possible to have your refusal excused if convincing evidence of extenuating circumstances is presented. Some so-called “refusals” stem from something as simple as a medical condition or a misunderstanding..

Your future may hinge on the lawyer who handles your Inland Empire DUI / DWI case, so don’t entrust it to an amateur. The experienced Riverside and San Bernardino DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Inland Empire drunk driving arrest during a free consultation.

Alcohol Education Programs in Amador County, California

Posted by on May 4, 2012

Alcohol Education Programs in Amador 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 Amador County, California:

Amador County DDP
(Service Provided: First Offender, 18 Month)
1001 Broadway,
Suite 106,
Jackson, California 95642
Phone: 510-569-9888; Fax: 209-223-3460

» 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.