Category: Driving Under the Influence

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

Freeway Cleanup

In California, driving under the influence of alcohol or driving while intoxicated is a crime that the law does not take lightly. While harsh penalties such as jail time, fines, and license suspensions are common sentences in such cases, the law in California does provide for alternative sentences. With the help of an experienced DUI / DWI lawyer, a driver may be able to get the benefit of alternative punishments that may be more suitable to the motorist’s particular drunk driving case.

One of the more common forms of community service is freeway cleanup. D.U.I. offenders who work in freeway cleanup do so by joining a Caltrans work crew as a condition of probation. Pursuant to a program known as good time/work time custody credits, hours spent working with Caltrans will be credited toward jail time a person would otherwise be serving. Each hour of cleanup will be equal to one hour of a jail sentence.

The Caltrans work day lasts eight hours and it involves picking up trash, clearing brush, and cleaning graffiti from walls along the freeways. The Caltrans work day usually begins at 6 a.m. in the parking lot of a Caltrans location, where workers board vans to travel to work sites. Caltrans work is available every day, although weekend slots are in high demand, so it’s important to arrive at the pickup site early to ensure a place in line. Failure to arrive on time may result in missing a whole day.

Freeway cleanup is generally offered as a condition of probation. The drunk driving offender is given a deadline to complete the required number of hours. If the hours are not completed on time, the offender will be in violation of probation and jail will become a serious possibility. Any DUI / DWI lawyer would warn a person to complete all programs and to not violate probation.

Caltrans is not always the most attractive alternative for a person who is convicted of driving under the influence or driving while intoxicated. However, for many people the option is better than time in jail. Caltrans can be done over time and will allow a person to live a pretty normal live in the meanwhile. Alternative sentences have been created to punish, but also provide a more productive activity than sitting in a jail cell. Oftentimes these alternative sentences help to clean up or improve a place, as well as allowing the offender to keep a job, an option that would not be available if jail was the only option.

Many California DUI / DWI attorneys recommend Caltrans work when it is available as an alternative sentence. It is not the only alternative sentence available. The court offers different options that should be considered in greater detail. Consult The Kavinoky Law Firm to find out if Caltrans freeway cleanup is an option for you.

Penalties for driving under the influence of marijuana

Penalties for driving under the influence of marijuana

Driving under the influence of marijuana in California carries severe penalties that vary depending on whether the offense was filed as a misdemeanor or as a felony, on how many times the accused has been convicted of this or similar offenses and on whether there were circumstances that aggravated the offense. The penalties for driving under the influence of drugs (DUID) are similar to those imposed in an alcohol-related DUI case and may include probation, drug education classes, heavy fines, license suspensions and jail or prison time. One’s best chance to avoid these devastating penalties is to hire a skilled California DUID criminal defense lawyer who knows the defenses that will convince the prosecutor, judge and/or jury that his or her client is innocent of the charges.

Driving under the influence of marijuana in California, when charged as a first offense, typically carries a three year informal (unsupervised) probationary sentence that includes heavy fines (totaling up to $3,500 once all the assessments are added up), completing a three month drug education program and a 90 day driver’s license restriction that only allows the individual to drive to and from work and the drug education program. Although jail time is usually not imposed in connection with a first offense (unless there were aggravating circumstances), it is possible to spend up to six months in jail if convicted of this charge.

When the accused has suffered either a prior DUI conviction or a “wet-reckless” conviction within 10 years of the charged offense, the penalties increase. A second conviction may result in a three-to-five year informal probationary sentence that will typically include the same maximum fine, at least 96 hours (and up to one year) in the county jail, an 18 month drug education program and a driver’s license restriction for the duration of the program that only permits the individual to drive to and from work and the program.

A third or subsequent D.U.I. offense (or even a first offense if someone was injured) may be charged as a felony, subjecting the accused to sixteen months or two or three years in the state prison. It will typically be filed as a misdemeanor, with a five year informal probationary period (formal if a felony), the same maximum fine, four months to one year in the county jail and a three year driver’s license suspension. An individual convicted of a third or subsequent DUI will also be labeled a “habitual traffic offender” for three years, subjecting the accused to an additional 30days in jail and an additional $1,000 fine for a first-time designation or to an additional six months in jail and an additional $2,000 fine for a second or subsequent designation within a 7 year period.

Aggravating factors will enhance one’s sentence and include anything that made the driving under the influence of marijuana charge even more egregious. Examples include, but are not limited to, driving with a child under 14 years of age in the car, reckless driving or refusing to submit to a chemical test. Each of these enhancements carries its own additional penalties, but it should be noted that refusing to submit to a blood or urine test will result in a one, two or three year driver’s license suspension, depending on whether the charge was the driver’s first, second or third within the statutory 10 year period.

Penalties may also include a series of Narcotics Anonymous (NA) meetings or any other program that the judge deems appropriate, based on the facts of the case. These programs may be ordered in addition to the mandatory drug education program.

The outstanding criminal attorneys at The Kavinoky Law Firm are dedicated to helping their clients through this difficult time and know a variety of alternative sentencing options that may be available to and preferred by their clients. For the most trusted legal advice and the most vigorous defense, contact them today for a free consultation.

Alcohol Education Programs in Humboldt County, California

Alcohol Education Programs in Humboldt 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 Humboldt County, California:

Humboldt Alcohol Recovery Treatment
(Service Provided: First Offender, 18 Month)
2331 Rohnerville Road,
Fortuna, California 95540
Phone: 707-725-9381; Fax: 707-725-1613

Humboldt Alcohol Recovery Treatment
(Service Provided: First Offender, 18 Month)
1806 E Street,
Suite A,
Eureka, California 95501
Phone: 707-725-1166; Fax: 707-725-1613

» 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 Nevada County, California

Alcohol Education Programs in Nevada 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 Nevada County, California:

Nevada County Substance Abuse Treatment & Recovery
(Service Provided: First Offender, 18 Month)
440 Henderson Street,
Suite C,
Grass Valley, California 95945
Phone: 530-273-9541; Fax: 530-273-7740

Community Recovery Resources
(Service Provided: First Offender, 18 Month)
10015 Palisades Drive,
Suite 1,
Truckee, California 96161
Phone: 530-587-8194; Fax: 530-587-5617

» 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 Shasta County, California

Alcohol Education Programs in Shasta 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 Shasta County, California:

Cascade Circle, Inc.
(Service Provided: First Offender)
3161 Bechelli Lane,
Suite 204B,
Redding, California 96002
Phone: 530-222-8302; Fax: 530-222-5872

Wright Education Services
(Service Provided: First Offender)
2525 Victor Avenue,
Redding, California 96002
Phone: 530-223-5122; Fax: 530-223-5652

» 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.

Motorcycle DUI

California Criminal Law – Motorcycling Under the Influence

In California, an individual who drives a motorcycle while intoxicated or under the influence of drugs or alcohol will face the same proceedings that a person driving a car while under the influence will face. Therefore, a motorcyclist charged with DUI will have a case with the DMV as well as criminal court case. These cases should be handled by qualified drunk driving defense lawyers.

A motorcyclist must request a DMV Administrative Per Se Hearing within 10 days of being arrested. These 10 days include weekends and holidays. If the hearing is not requested, an automatic process of license suspension will be started by the Department of Motor Vehicles. At the DMV hearing, the DUI attorney will be given an opportunity to present evidence why there was no probable cause to make the stop in the first place, as well as evidence that would call into question the results of any chemical tests. The judge will decide based on the preponderance of the evidence whether the driver had a blood alcohol content of .08 percent or greater. If the judge finds that the driver’s BAC was indeed above the legal limit of .08 percent, the driver’s license will be suspended.

In criminal court, the motorcyclist will face the same punishments that are handed down in convictions for driving a car while drunk. Those punishments include jail time, fines, alcohol education classes, and alternative sentences. A prosecutor will present evidence of the chemical test results as well as expert witnesses to explain the results of the tests to the jury.

Police officers are trained to recognize certain signs of intoxication or impairment in a motorcycle driver. If a police officer notices these signs, he or she may stop the driver of a motorcycle. The signs of intoxication are things like drifting between lanes or trouble dismounting the motorcycle. It is unfortunate that short bikers may have trouble dismounting a motorcycle even if unimpaired. There are reasons besides intoxication why a rider might drift between lanes too. It is the job of a criminal defense attorney to illustrate to a jury that there is reasonable doubt as to whether a driver was intoxicated or whether the defendant was just a novice rider who is physically maladjusted to riding motorcycles.

When an officer notices either drifting or problems with the dismount, the rule is that there is a 50 percent chance that the rider is intoxicated. Of course, on the other hand, there is a 50 percent chance that something like rough terrain, wind, or nervousness is causing the driver to drift. There is also a 50 percent chance that there is an explanation other than alcohol or drugs why a driver is having trouble dismounting a motorcycle.

Other signs that police look for in an impaired motorcycle driver are trouble balancing once the motorcycle comes to a stop, late braking patterns, and wobbling wheels when the motorcycle is going around curves or turning corners. However, there are multiple explanations for these problems that are not related to alcohol. If a DUI attorney can illustrate that alternative causes were responsible for the so-called signs of intoxication in a motorcycle driver, there is a chance that the jury will find in favor of the defendant.

Superior Court Of California, County of Imperial

Superior Court Of California, County of Imperial

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.

Imperial County Superior Court
939 Main Street, El Centro, CA 92243

Brawley Courthouse
220 Main Street, Brawley, Ca 92227

Calexico Courthouse
415 East 4th Street, Calexico, Ca 92231

Winterhaven Court
2124 Winterhaven Drive, Winterhaven, Ca 92283

» Imperial 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 San Diego

Superior Court Of California, County of San Diego

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.

San Diego County Superior Court
220 West Broadway, San Diego, CA 92101

Hall of Justice Courthouse
330 West Broadway, San Diego, CA 92101

Family Law Courthouse
1555 Sixth Avenue, San Diego, CA 92101

Madge Bradley Courthouse
1409 Fourth Avenue, San Diego, CA 92101

Kearny Mesa Courthouse
8950 Clairemont Mesa Blvd., San Diego, CA 92123

Juvenile Courthouse
2851 Meadowlark Drive, San Diego, CA 92123

East County Regional Center
250 East Main Street, El Cajon, CA 92020

North County Regional Center
325 South Melrose, Vista, CA 92081

South County Regional Center
500 3rd Avenue, Chula Vista, CA 91910

Ramona Branch
1428 Montecito Road, Ramona, CA 92065

» San Diego 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 Yolo

Superior Court Of California, County of Yolo

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.

Yolo County Superior Court
725 Court Street, Woodland, CA 95695

» Yolo 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

New Sentencing Laws

New DUI / DWI Sentencing Laws in California

California has created new laws regarding driving under the influence cases. If the driving under the influence or the driving while intoxicated happened on September 20, 2005 or later, the driver will be subject to the new laws. Leave it up to a qualified California DUI / DWI attorney to sort out the differences for you. To have your case evaluated contact The Kavinoky Law Firm.

Before the new law took effect, both the courts and the Department of Motor Vehicles could suspend driver’s license. Now that is not the case. Only the DMV may suspend or restrict a driver’s license. The DMV will suspend or restrict a license following a DMV hearing (administrative per se hearing) or once the D.M.V. has information regarding a drunk driving conviction in the criminal courts. A DUI / DWI lawyer can handle both criminal court and Department of Motor Vehicles hearings.

The new laws in California provide for the DMV to automatically suspend a driver’s license for six months for first time DUI offenders. The driver may request a restricted license to allow for driving to work and to alcohol education classes. Previously, there was a one month wait before a driver could request a restricted license. Now the restricted license may be requested immediately.

Previously, in deciding the length of alcohol education classes, the courts would use a blood alcohol content of .20 percent as their magic number. Now the magic number is .15 percent, which means that any driver whose BAC is .15 percent or higher should expect the possibility of extended education programs.

Generally in a DUI / DWI case a driver is offered probation instead of jail time. There are still some cases where even if a driver accepts probation, the judge may impose a jail sentence. The new California law requires that a driver who refuses probation to serve a mandatory 96 hour jail sentence. 48 hours of that sentence must be served consecutively. The remaining 48 hours must be served within six months of the sentence. A California criminal defense attorney will be able to advise a client convicted of drunk driving on whether or not to accept probation or to take the jail sentence.

Whether or not a driver accepts or rejects probation, fines will still be imposed on the first time offender. The first time offender will face fines ranging from $390 to $1,000 plus penalty assessments. Penalty assessments will practically triple the fine. The current rate for the penalty assessment is 171 percent of the fine.

The second time offender, meaning a driver who has a prior DUI or wet-reckless conviction within 10 years of the second charge, will face an automatic two year license suspension by the DMV. After one year of the license suspension a driver can apply for a restricted license so long as the driver is signed up for alcohol education classes, files a proof of insurance, has an ignition interlock device and has paid all the costs associated with the conditions. It used be the case that a victory at a DMV hearing would mean no suspension of the license for a second time offender, so long as the court also agreed to a restricted license, but times have changed.

Second time offenders will face 10 days in jail or a 96 hour jail sentences even if they accept probation. If probation is declined by the driver, the driver will face a jail sentence of 90 days to one year. Work release or alternative sentences may be appropriate and a California criminal defense attorney will work to achieve such alternative punishments where appropriate.

While third and fourth time offenders are not affected by the new California legislation, drunk drivers or drivers otherwise intoxicated who cause injuries to another do face new regulations. Those new regulations include five days to one year in jail, alcohol education classes, and fines even if the driver accepts probation. When probation is not accepted by the driver, the jail sentence will range from 90 days to one year. The license of a drunk driver who injures another person will be suspended for a full year with no opportunity for them to seek a restricted license.

If a second time DUI / DWI offender injures a person while driving under the influence of alcohol or drugs, that driver will face a 30 day to one year jail sentence with alcohol education classes, or 120 days to one year in jail with no education courses. These sentences apply if the driver chooses probation. When a driver declines probation they will face 120 days to one year in jail. Any second time offender who injures another will also face a three-year suspension of their driver’s license with a possible restricted license following 18 months if the driver has completed 18-months of alcohol education classes. Fines will also be applied whether the driver accepts probation or not.

The new laws in California drunk driving cases require the expertise of a California DUI / DWI attorney if a person seeks to have the best possible outcome. The new laws affect the courts and the DMV and pose unique issues that should be handled by professionals.