The ignition interlock device is a breathalyzer that is installed in a drunk driving offender’s car. This device is used to eliminate the problem of repeat offenders. A California DUI attorney will be able to provide more information on the viability of this device as an alternative sentence.

The device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable blood alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start. Once the car is running, “rolling re-tests” may be required every 15 minutes to one hour.

If the motorist fails to perform the test when prompted, or if the motorist’s BAC has risen to an unacceptable level, the car will stop. This rolling test is meant to ensure that a sober person does not do the initial test just to get the car started. In California it is crime to attempt to assist anyone in disabling an ignition interlock, or to blow into the device to start the vehicle for another driver.

California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence.

Judges have the discretion to order the installation of the ignition interlock device in the car of any DUI offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, he or she may order the mandatory installation of the ignition interlock device in any vehicle the offender drives. A California criminal defense attorney will make sure that the interlock ignition device is used only when appropriate.

Most commonly, the ignition interlock device is used when a person has refused to submit to a post-arrest chemical test or when the results of a chemical test registered a BAC of .15 percent or greater. A person who is arrested for driving on a suspended license that was suspended as a result of a drunk driving conviction will be required to install the ignition interlock device.

Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.

The ignition interlock device can be helpful whenever safety and alcohol-free driving is important. For example, parents may use the device to ensure that their teenage children are not drinking and driving. The device can also be used in cases of divorce or separation when one parent is concerned that the other parent may be driving while intoxicated with children in the car.

California Criminal Defense Lawyer Locations> San Jose, CA San Jose Criminal Defense Attorneys and DUI Lawyers

If there is a chance you may need San Jose criminal defense attorneys you should contact The Kavinoky Law Firm immediately. It only takes a quick call or the online case submission to reach our team of San Jose criminal defense lawyers. They will contact you to discuss your circumstances, establish an attorney-client relationship, and begin giving you legal advice as needed. They will help you and do what is necessary for your criminal defense, such as collecting evidence and taking the necessary steps with the San Jose police or the courts before the trial.

Top San Jose Services:

 

• Cannabis Crimes
• Petty Theft
• Outstanding Warrants
• Firearms
• Pornography Law
• Why Call Us Now
  • The earlier you have effective legal advice, the sooner you can start making the right decisions.
  • Early mistakes result in criminal convictions and extended sentences.
  • Our lawyers are experienced in the local court system and committed to helping you prevent an unreasonable sentence, especially if that means jail time.

  The Kavinoky Law Firm
  San Jose, California

  2880 Zanker Road
  Suite 203
  San Jose, CA 95134
  Toll-Free Tel: 800-NO-CUFFS (800-662-8337)
  Toll-Free Fax: 877-346-4660

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Alcohol Education Programs in Butte 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 Butte County, California:

Prevention Education Program, Inc.
(Service Provided: First Offender, 18 Month)
1215 Mangrove Avenue,
Suite B,
Chico, California 95926
Phone: 530-891-6148; Fax: 530-345-5514

DUI – Solutions
(Service Provided: First Offender, 18 Month)
645 Normal Avenue,
Chico, California 95928
Phone: 530-898-8333; Fax: 530-898-8060

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Marin 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 Marin County, California:

Bay Area Community Resources
(Service Provided: First Offender, 18 Month)
118 Alto Street,
San Rafael, California 94901
Phone: 415-453-9980

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in San Francisco 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 San Francisco DUI attorney.

Driving Under the Influence programs in San Francisco County, California:

Counseling Services for Drinking Drivers
(Service Provided: Service Provided: 18 Month, 30 Month)
43 Fell Street,
San Francisco, California 94102
Phone: 415-241-1187; Fax: 415-553-3939

Driver Performance Institutes, Inc.
(Service Provided: First Offender)
330 Townsend Street,
Suite 230,
San Francisco, California 94107
Phone: 415-905-5555; Fax: 415-905-5565

Dry Zone M.O. DUI Program
(Service Provided: 18 Month)
820 Valencia Street,
San Francisco, California 94110
Phone: 415-826-6767; Fax: 415-826-6774

Institute Of Advanced Driver Education
(Service Provided: First Offender)
2111 Mission Street,
San Francisco, California 94110
Phone: 415-255-0371; Fax: 415-864-3091

NCA And Other Drug Addictions Bay Area
(Service Provided: First Offender)
944 Market Street,
3rd Floor,
San Francisco, California 94102
Phone: 415-255-0371; Fax: 415-864-3091

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Tulare 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 Tulare County, California:

Alternative Services, Inc.
(Service Provided: First Offender, 18 Month)
2223 North Shirk Road,
Visalia, California 93291
Phone: 559-651-8090; Fax: 559-651-8099

Alternative Services, Inc.
(Service Provided: First Offender, 18 Month)
215 North D Street,
Porterville, California 93257
Phone: 559-783-2402; Fax: 559-782-4681

» 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.

Superior Court Of California, County of Colusa

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Colusa County Superior Court
547 Market Street, Colusa, CA 95932

» Colusa County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Merced

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Merced County Superior Court
627 W. 21st Street, Merced, CA 95340

» Merced County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Stanislaus

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Stanislaus County Superior Court
800 11th Street, Modesto, CA 95354

Turlock Courthouse
300 Starr Avenue, Turlock, CA 95380

Traffic & Small Claims
2260 Floyd Avenue, Modesto, CA 95355

Juvenile Court
2215 Blue Gum Avenue, Modesto, CA 95356

» Stanislaus County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

California Criminal Defense Attorney – Examination of a Prosecution Expert

After a prosecutor calls the arresting officer to testify in a California DUI / DWI trial, the second witness is usually an analyst from the crime lab – their “expert.” The prosecution expert’s testimony always supports the theory that the defendant is guilty, but an experienced drunk driving criminal defense lawyer from The Kavinoky Law Firm will aggressively cross-examine the expert and call defense experts who will contradict the prosecution witness’s testimony.

The prosecution will typically begin by having the analyst describe his or her education and training in an effort to build credibility. The expert may then discuss how field sobriety tests help an officer to determine whether a driver was under the influence. The expert may then offer an opinion as to how well the defendant performed on the tests and what this says about the driver’s blood alcohol content (BAC).

Prosecution experts typically make presumptions about the defendant’s level of intoxication that are based on general scientific principles and assumptions. However, these assumptions don’t consider a defendant’s tolerance level, size, absorption rate, or meals eaten prior to drinking. The expert will describe any chemical tests the driver took, including how they were performed, the accuracy of the tests, and what this says about the level of alcohol in the defendant’s system.

The prosecutor might ask the expert to describe how alcohol affects an individual mentally and physically, and to cite specific examples of behavior that show that an individual was under the influence of alcohol or drugs.

Finally, the prosecution’s expert may make statements about hypothetical situations or drivers, and use these situations and conclusions to support the charge that the defendant in this specific drunk driving trial was also under the influence. Experts in driving under the influence cases can rely on hearsay evidence (out of court statements offered to prove the truth) in forming their opinions and conclusions.

Because a prosecution expert can make hypothetical assumptions about the based on hearsay, it’s essential to the defense of a driving under the influence charge that the person accused retain a qualified and experienced DUI criminal defense attorney.

After the prosecutor directly examines his or her expert, the defense attorney has a chance to cross-examine the witness. A skilled DUI / DWI lawyer will use this opportunity to discredit the expert and punch holes in the prosecutor’s case. Like a defense lawyer’s cross-examination of the arresting officer, grilling the prosecution’s expert in a driving while intoxicated trial is less of an examination than a chance for the defense attorney to testify.

An experienced defense lawyer will ask leading questions designed to elicit only a yes or no answer. This technique allows the defense attorney to testify to what he or she wants the jury to hear, and then forcing the prosecution’s witness to agree with that testimony.

An effective DUI / DWI defense attorney knows that scoring points with the prosecution’s expert is even better than scoring points with the defense expert. Jurors know that the defense expert has been hired by the defense to help the defense. But the prosecution’s expert is there to help convict the accused drunk driver, so persuading that witness to agree with the defense, or support something that helps the defendant’s case, is much more valuable than anything the defense expert could say.

A savvy DUI / DWI criminal defense lawyer will use cross-examination to get the expert to admit that he or she doesn’t know anything about the accused driver’s drinking patterns, level of tolerance, or how his or her body absorbs alcohol. The expert has no information about how the defendant drank the night he or she was arrested, or how much. The expert has no way of knowing whether the driver has any injuries or illnesses that would impact the performance of field sobriety tests, or could affect the sample provided during the chemical tests.

Without aggressive cross-examination by a California defense lawyer experienced in drunk driving cases, the prosecution’s expert will only offer testimony that will help convict the driver. During a skilled cross-examination, the impact of a prosecution expert’s testimony can be diminished or completely eliminated.