Locating an individual after a California DUI / DWI arrest can be challenging. The driver often spends hours at a police station before being transferred to a county jail, and finding the motorist can be a frustrating experience. However, a knowledgeable drunk-driving lawyer can help. An experienced criminal defense attorney from The Kavinoky Law Firm can locate the driver quickly and secure his or her release.

The task of searching for a motorist accused of driving under the influence will be much easier if the attorney has the driver’s full legal name and date of birth at hand. If the accused motorist has been in touch with family or friends since the arrest, obtaining the booking number will also help.

The ease in getting the accused driver released from jail depends on the jurisdiction in which the offense occurred and the facts of the case. Drivers arrested for DUI / DWI are sometimes released on their own recognizance, also known as OR. Being released on OR means that the driver doesn’t have to post bail if he or she makes a written promise to appear in court on the drunk-driving charge. If the driver fails to appear, an arrest warrant will be issued, and the driver will face a separate Failure to Appear charge (FTA). The FTA charge will be a misdemeanor if the underlying DUI was a misdemeanor, or a felony Failure to Appear charge if the underlying DUI was a felony.

In some jurisdictions, there is an OR Officer who evaluates accused DUI / DWI drivers to determine whether they’re suitable to be released on their own recognizance. Some jurisdictions automatically release drunk-driving arrestees if they have identification, are local residents, and are in custody long enough to protect the arresting agency from liability if the driver causes a DUI injury accident. If the driver isn’t released on his or her own recognizance, the driver may need the services of a bail bondsman.

A drunk-driving arrest carries potentially life-changing consequences, and requires fast legal action to protect the driver’s license, rights, and freedom. The skilled drunk driving criminal defense attorneys of The Kavinoky Law Firm are ready to help any motorist accused of driving under the influence secure immediate release, whether the charge is misdemeanor or felony DUI / DWI, driving under the influence of alcohol or drugs (DUID) or any other drinking and driving offense.

Why Do I Need a Lawyer’s Help to Fight a California DUI Charge?

Lawyers who focus on DUI / DWI defense hear this question all the time. What’s the point of hiring an attorney if a drunk driving arrest means an automatic conviction? That’s the assumption that most individuals accused of driving under the influence make, but it’s incorrect. It’s possible to fight a drinking and driving charge with the help of an expert attorney and win.

A skilled DUI / DWI defense attorney can assist with every detail after a California drunk driving arrest, including locating the accused motorist, finding a reputable bail bond firm, requesting a DMV hearing to protect the driver’s license, and fighting for the driver’s rights in the criminal court system.

That’s the best reason to hire a lawyer to fight a drunk driving case – an accused DUI driver who pleads guilty without putting up a fight has a 100 percent chance of being convicted of drunk driving. And a driving under the influence conviction is no joke – besides costing more than $10,000, a DUI / DWI conviction threatens a motorist’s driver’s license and even his or her freedom. That’s right – convicted drunk drivers are being sentenced to jail and prison at higher rates than ever before.

However, just like any other criminal defendant, a motorist charged with driving under the influence is presumed innocent unless proven guilty. Accused DUI / DWI drivers are also entitled to a jury trial in California – not so in some other states. If the prosecutor cannot convince all 12 of the jurors of a defendant’s guilt, there can be no conviction.

A California drunk driving jury trial can end in one of three ways – either all 12 jurors agree on the defendant’s guilt; all 12 agree on the defendant’s innocence, or the jurors cannot agree on a unanimous verdict. This last outcome is called a hung jury, and it’s an excellent outcome in a DUI / DWI case, because it means that the charges will most likely be dismissed.

Therefore, to win a drunk driving case, a defense attorney need convince only one of the 12 jurors to vote not guilty. Just one out of 12. The alternative is for accused drivers to throw themselves on the mercy of a system that has no mercy. Isn’t that reason enough to fight a DUI / DWI case?

An experienced California DUI / DWI defense attorney has the knowledge needed to challenge every shred of evidence in a drunk driving case, from field sobriety tests (FSTs) to chemical test results. A skilled defense lawyer will fight hard to protect the driver’s rights and create reasonable doubt in his or her guilt.

Fortunately, a DUI / DWI arrest doesn’t equal an automatic conviction. Anyone charged with drunk driving or driving under the influence of drugs (DUID) should consult with an attorney that specializes in defending drunk driving cases.

In California DUI / DWI cases, evidence about the driver’s blood alcohol content (BAC) can the most damning – or the most vindicating – evidence in court. To see why, it’s useful to understand how the body absorbs, distributes, and eliminates alcohol, and how a driver’s BAC is affected. The skilled DUI / DWI criminal defense lawyers at The Kavinoky Law Firm are well-versed in the science of alcohol metabolism and will use this information to challenge chemical test results and help a motorist fight a drunk driving case.

DUI / DWI prosecutors regard a driver’s chemical test results as one of the most important pieces of evidence in a California driving under the influence case. However, everyone metabolizes alcohol differently, so it is extremely difficult to look backward in time to accurately pinpoint BAC when the driver was behind the wheel. This difficulty increases with the passage of time, and becomes increasingly speculative.

In addition, the integrity of a blood test hinges on whether the sample was properly collected, stored, and tested. Clearly, for the DUI / DWI criminal defense attorney whose expertise lies in highlighting reasonable doubt as to any element of the criminal case, this becomes increasingly valuable.

When an individual takes a drink of alcohol, it isn’t absorbed into the body right away. It first enters the stomach, then the small intestine, where most of the absorption takes place. How fast the alcohol is absorbed depends on the type of drink consumed, the individual’s stomach contents, and many other factors.

The body starts eliminating alcohol immediately, but cannot dispose of it at the same speed at which it is absorbed. This is how an individual’s BAC rises – the body is like a bathtub with a slow drain. The water flows in faster than it flows out, so the level increases. Alcohol absorption in the human body occurs in much the same way.

The body continues to absorb alcohol even after an individual stops drinking, and the BAC continues to rise until it reaches a plateau. This peak represents perfect equilibrium – absorption and elimination of alcohol is occurring at the same rate, so the alcohol level flattens out and is consistent for a period of time. This plateau typically lasts for 15 to 45 minutes, depending upon stomach contents and metabolic rate.

After the body’s blood alcohol content plateaus, the elimination phase begins. If the individual stops drinking, the BAC will steadily decrease at an average rate of approximately .02 percent per hour – about the equivalent of one drink. This, too, varies widely from person to person and in situation to situation.

The process of alcohol metabolism is represented graphically like a bell curve. Because a driver’s BAC continues to rise after he or she stops drinking, a chemical test that shows that the driver was above the legal limit of .08 percent BAC doesn’t mean the motorist was intoxicated while behind the wheel.

Many experts agree that breath-testing during the absorptive phase – after a driver stops drinking, but before alcohol content peaks – can overestimate true alcohol levels by 40 percent to 100 percent.

Many factors can affect the results of a chemical test in a driving under the influence investigation, including the motorist’s metabolic rate, stomach contents, and fatigue level. Often, an officer’s roadside investigation doesn’t even begin to address these issues. A skilled California DUI / DWI criminal defense lawyer can devastate the prosecution in a drunk driving case during an effective cross-examination.

Any attorney who successfully fights California DUI / DWI charges is well-versed in how alcohol affects the human body. Although every individual metabolizes alcohol differently – the rate depends on factors that include weight, gender, metabolic rate, etc. – the basic process is the same for everyone. The skilled defense attorneys from The Kavinoky Law Firm have the knowledge needed to analyze the factors in a specific case to challenge chemical tests and craft a successful defense.

Many drivers are unaware that alcohol is a central nervous system depressant. How much the central nervous system function is impaired is directly proportionate to the concentration of alcohol in the blood.

There are three stages of alcohol metabolism: Absorption, distribution, and elimination.

Absorption is the phase when alcohol enters the body, and then the bloodstream, and is distributed throughout the body. Alcohol is not digested like other ingested substances – it is absorbed unchanged directly through the stomach lining. Because of its large surface area, the small intestine absorbs much more alcohol than the stomach, which has a far smaller surface area.

As the alcohol is absorbed, the individual’s blood alcohol content (BAC) rises until it reaches a peak concentration, then gradually tapers off. It generally takes 30 to 60 minutes to reach peak alcohol levels after an individual stops drinking.

Once the alcohol is absorbed by the gastrointestinal tract, it enters the bloodstream and is distributed through all of the body’s water-containing components. Because it is distributed so quickly and thoroughly, alcohol affects the central nervous system even in small concentrations.

Alcohol is distributed to bodily tissues by the bloodstream. Veins carry the blood to and through the lungs where the blood becomes oxygenated. Arteries then carry the oxygen-rich blood to the brain and the rest of the body. Alcohol is completely soluble in water, so BAC is directly proportional to total body water content. Water content varies from person to person.

Generally speaking, the less an individual weighs, the more he or she will be affected by alcohol. This is because smaller people have less water in their bodies than larger people. For people of the same weight, a well-muscled individual will be less affected than someone with a higher percentage of fat, since fatty tissue does not contain very much water and will not absorb very much alcohol.

In general, women are more affected by alcohol consumption than men, because women’s bodies typically have more fat and less water in their bodies. About 68 percent of a man’s body weight is water, while only about 55 percent of a woman’s body is water weight.

The body begins to eliminate alcohol through metabolism, excretion, and evaporation approximately 15 to 45 minutes after a person consumes his or her last drink. Metabolism, which occurs in the liver, accounts for approximately 95 percent of alcohol elimination. An individual generally metabolizes one average drink, or five ounces of alcohol, per hour.

In addition to gender, body weight, and other factors affecting metabolic rates, there are several additional issues that affect alcohol metabolism. Individuals who are in good health metabolize alcohol more efficiently than unhealthy people. Chronic alcoholics whose livers function properly metabolize alcohol more quickly than the average person. Younger people process alcohol more efficiently than older people.

Excretion and evaporation eliminate a small amount of alcohol from the body. Alcohol is excreted unchanged through urine, tears, sweat, semen, and saliva. Excretion is typically responsible for the smell of alcohol detectable on individuals who have been drinking. Alcohol evaporates from the blood into the lungs and is excreted in breath, allowing it to be measured in a breath sample.

Alcohol elimination rates are inversely proportional to alcohol concentration in the blood. This means that the higher the blood alcohol levels, the slower the rate of elimination.

Although alcohol is excreted in the breath, not all of the air that comes from the lungs is equal in alcohol concentration. The highest concentration comes at the end of a long exhalation of breath, where the air was in closest proximity to the blood. This is why police tell drivers to blow long and hard during breath testing, because the deep lung air will have the highest concentrations of alcohol, and result in the highest BAC.

Eating before drinking or consuming food and alcohol together also affects the amount of alcohol in the bloodstream. Food in the stomach affects the absorption of alcohol by the small intestine, so the more an individual has in his or her stomach while drinking, the lower the BAC. A valve at the bottom of the stomach closes when there is food in the stomach and prevents alcohol from reaching the small intestine. This causes the alcohol in the stomach to be absorbed at a slower rate, which affects the distribution into the bloodstream, and ultimately the rate of elimination.

Although many factors influence an individual’s alcohol metabolism, police and prosecutors don’t always take these issues into consideration when considering a drunk driving charge. An individual’s alcohol metabolism rate is of key importance in a drinking and driving case, because chemical tests typically take place an hour or more after police stop a driver, and the person’s BAC at the time of driving must be estimated.

A qualified California attorney with experience defending DUI / DWI cases can use these factors to a driver’s advantage, and successfully fight a drunk driving case.

Chemical testing is a key issue in every California DUI case. Accused drunk drivers often fear that if the machine says someone is above the legal limit, they are guilty, period. However, there are many challenges to the validity of blood, breath and urine tests in driving under the influence cases. An experienced DUI defense attorney from The Kavinoky Law Firm has an arsenal of proven strategies available to attack the results of chemical tests in driving while intoxicated cases.

Most California DUI arrests result in two separate charges – violation of the “common law” drinking and driving laws, and violation of the “per se” laws. Common law drunk driving charges hinge on whether the motorist was impaired by alcohol and/or drugs, and was unable to operate a vehicle with the same caution as a sober person.

A per se charge focuses solely on whether the driver’s blood or breath alcohol content (BAC) was above the legal limit, now.08 percent in all 50 states. When attempting to prove a per se charge, the prosecutor focuses on the driver’s BAC and per se do not attempt to prove that the driver was impaired or affected by alcohol.

Chemical testing of the blood, breath or urine is therefore central to the per se charge, where the defendant is accused of driving above the legal limit. However, chemical tests are also a critical aspect of the common law drunk driving case, which focuses on whether or not the driver was impaired. This is because many experts believe that all drivers are impaired once they are above a certain BAC.

Some forensic experts believe that everyone is impaired when their BAC reaches.10 percent, some .08 percent, and the most conservative think that everyone is under the influence at .05 percent BAC. Therefore, it is vital that a DUI defense lawyer be able to successfully address these issues to advance their client’s cause.

Chemical testing is so critical in California DUI  cases that both the DMV and the courts punish drivers who refuse to submit to chemical testing when lawfully requested after a drunk driving arrest. For example, a refusal to test following a drunk driving arrest may result in a driver’s license suspension of one year for a first offense DUI.

In a drunk driving court case, a chemical test refusal is a “special allegation” that, if proven, results in mandatory jail terms, lengthier alcohol education programs, and a jury instruction that allows jurors to consider the refusal to test as consciousness of guilt.

Chemical testing in drunk driving cases or DUI drug arrests involves the testing of bodily fluids – blood, breath, or urine. In most states, when someone is accused of driving under the influence of alcohol, he or she has a right to take either a breath or a blood test.

Where driving under the influence of drugs is suspected, the chemical test choices will usually include blood or urine. Generally, there is no right to a urine test in drunk driving cases. Urine testing in drinking and driving cases has been deemed too unreliable to withstand courtroom challenges.

There are many effective defense challenges to chemical tests in drunk driving cases. While a chemical test may accurately determine BAC at the time of testing, it is not conclusive evidence of BAC at the time of driving. Remember, it isn’t against the law to exceed the legal limit while in a police station; the crime is driving under the influence, or driving above the legal limit, not having a BAC above the legal limit at a later time. Because alcohol levels change over time, this is a critical point to understand.

Chemical testing for alcohol or drugs isn’t always accurate – far from it. There are challenges to breath tests, forensic blood tests, and forensic urine tests. Testing in DUI drugs cases is even more challenging than testing for alcohol levels in a drunk driving case. Drug tests search for metabolites in the blood or urine, not the drug itself. Plus, there are no “per se” limits in drug cases, and because of the time in which many drugs stay in the system, it is incredibly difficult to demonstrate that a person was impaired at the time of driving.

Many drivers accused of DUI believe that a chemical test that shows a BAC greater than .08 percent means a slam-dunk conviction, but that’s simply not the case. However, effectively fighting a driving under the influence case isn’t for amateurs. It’s critical to consult with a California criminal defense attorney with experience fighting drunk driving cases. A skilled attorney can challenge the results of blood, breath, or urine tests, and plan a strategy to fight a drunk driving case.