The consequences for a DUI conviction can be grave – many drivers receive substantial fines, jail sentences, and license suspensions. However, many courts have developed alternative sentencing programs that give authorities greater flexibility in meting out punishment. An experienced California attorney from the Kavinoky Law Firm who focuses on drunk driving defense can explain the types of alternative sentencing available in some cases.

Sentencing alternatives are typically designed to help as well as punish the driver. Alternative sentences allow DUI drivers to retain their jobs and seek treatment for alcoholism, if needed – opportunities that are rarely available in county jail.

Some sentencing alternatives will allow good time/work time custody credits. Good time/work time custody credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been spent in county jail.

Some types of alternative sentencing available include community service, freeway cleanup, electronic monitoring, sober living environments, alcohol and drug rehabilitation, Alcoholics Anonymous meetings, and participation in a MADD Victim Impact program.

Other sentencing alternatives include ignition interlock devices – machines attached to vehicles which require drivers to blow into a breath detector before starting the car – and the Secure Continuous Remote Alcohol Monitor, or SCRAM, which measures alcohol by way of a device attached to the DUI offender’s ankle.

Another option is work furlough, which allows a DUI offender to go to work during the day and check into a dormitory-style housing facility at night. Some defendants may be eligible for work release, which allows the offender to work at an approved location and return home at night.

Some offenders are allowed to serve jail sentences at “weekend jails” at local police stations rather than county jails. Many local police departments will “rent out” their jail cells to DUI offenders overnight or for a weekend.

Because of the harsh consequences that drunk driving defendants face, alternative sentencing options can be an attractive alternative to incarceration. An experienced California DUI / DWI lawyer will review each case individually to determine whether sentencing alternatives may be available.

Electronic monitoring

Marijuana related offenses, in California, typically carry severe penalties that include probation, heavy fines and jail or prison sentences. When the charged offense was a non-violent one, the accused has more options with respect to sentencing that may allow him or her to avoid incarceration. A savvy criminal defense lawyer knows that alternative sentencing may be available and knows, under what circumstances, a judge is likely to grant a request for this type of sentencing, the most compelling arguments to use, to whom this type of sentencing applies and to what offenses is it applicable. This is simply one of the reasons why it is so important to contact the skilled attorneys at The Kavinoky Law Firm, as they are well-versed in alternative sentencing options and are dedicated to helping their clients avoid a jail or prison sentence.

Electronic monitoring (also commonly referred to as “house arrest”) is an example of a type of alternative sentence. When ordered, it allows a convicted defendant to serve his or her jail or prison sentence from the comfort of his or her home. Certain non-violent offenders who have been charged with marijuana crimes may request this type of relief, but only a truly experienced attorney knows the most convincing arguments that will persuade a judge that this type of sentencing is more appropriate than incarceration.

Electronic monitoring is closely supervised, since it has the potential for abuse. The individual who has been granted this type of relief is fitted with an electronic sensor (usually an ankle-bracelet) that is linked by telephone lines to a central computer that puts out a continuous signal. Depending on the facts of the individual case, the accused may be permitted to work, attend school, shop for groceries, do laundry and perform other personal errands and will generally be permitted to attend court-ordered programs (such as Narcotics Anonymous or another type of outpatient drug rehabilitation program) and his or her court appearances, so long as it is pre-approved by the court and/or the probation department. He or she must, however, return during the set “curfew” hours. If the signal is interrupted because the accused has gone beyond his or her authorized boundaries, the central computer records the date and time of the signal’s disappearance and reappearance. If the signal interruption occurred during a time when the individual wearing the bracelet should have been at home, the violation will be checked by the probation department and the individual may be subject to arrest, a probation violation and incarceration.

Electronic monitoring is actually a request that is granted by the probation department, not the judge, but the judge does play an important role in its implementation. The judge is the one who refers the case to the probation department, so it is he or she who must first be convinced that the defendant is a good candidate for this type of alternative sentencing before he or she will even make that referral. This is why it is imperative that the accused hires an experienced criminal attorney who knows how to persuade the judge to at least submit the case to the probation department.

The exceptional attorneys at The Kavinoky Law Firm have an in-depth knowledge about all of the alternative sentencing options that are available to their clients, which allows them to present the most gripping arguments to the judge that reveal why electronic monitoring is not only appropriate for their client, but for the court system and society as well. Because of this vast knowledge, they are also available to discuss the advantages and costs of this type of sentencing with their clients, to make sure that electronic monitoring, if requested, is right for each individual client. To learn more, contact these outstanding attorneys today for a free consultation.

Alcohol Education Programs in Fresno 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 Fresno County, California:

D.A.T.E.
(Service Provided: First Offender, 18 Month)
1444 Fulton Street,
Fresno, California 93721
Phone: 559-268-6475; Fax: 559-268-6967

D.A.T.E.
(Service Provided: First Offender, 18 Month)
2640 Jensen Avenue,
Sanger, California 93657
Phone: 559-875-0249; Fax: 559-875-0276

Kings View Community Services
(Service Provided: First Offender, 18 Month)
4111 N. Golden State Boulevard,
Fresno, California 93722
Phone: 559-277-9880; Fax: 559-277-8998

Special Services Community Center
(Service Provided: First Offender, 18 Month)
855 West Ashlan Avenue,
Suite 101,
Clovis, California 93612
Phone: 559-348-0129; Fax: 559-348-1367

Special Services Community Center
(Service Provided: First Offender, 18 Month)
661 South Madera Avenue,
Kerman, California 93730
Phone: 559-846-8444; Fax: 559-348-1367

Special Services Community Center
(Service Provided: First Offender, 18 Month)
749 G Street,
Reedley, California 93654
Phone: 559-637-1036; Fax: 559-637-1036

» 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 Napa 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 Napa County, California:

Napa County DDP
(Service Provided: First Offender, 18 Month)
900 Coombs Street,
Room M16,
Napa, California 94559
Phone: 707-253-4264; Fax: 707-259-8039

» 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 Santa Cruz 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 Santa Cruz County, California:

Alto DDP
(Service Provided: First Offender, 18 Month)
10 Alexander Street,
Watsonville, California 95076
Phone: 831-728-2233; Fax: 831-728-0870

Alto DDP
(Service Provided: First Offender, 18 Month)
271 Water Street,
Santa Cruz, California 95060
Phone: 831-423-2003; Fax: 831-459-6504

Janus DDP
(Service Provided: First Offender, 18 Month)
200 7th Avenue,
Suite 150,
Santa Cruz, California 95062
Phone: 831-462-5267; Fax: 831-462-4970

Triad Community Services
(Service Provided: First Offender)
1000 A Emeline Avenue,
Santa Cruz, California 95060
Phone: 831-425-0112; Fax: 831-425-1847

» 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.

California Criminal Law – Flying Under the Influence (FUI / FWI) Punishment

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law at the discretion of the prosecuting agencies.

Crew members of civil aircraft are governed by the Federal Aviation Administration (FAA). The FAA rules state that no one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a BAC of .04 or greater or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot’s license.

Pilots of civil aircraft are subject to an Implied Consent Law. This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots arrested for driving under the influence face reporting requirements with the FAA. Pilots must report driving under the influence convictions or DMV driver’s license suspensions to the FAA within 60 days. Anyone who fails to report a conviction or driver’s license suspension faces revocation of his or her pilot’s license.

In most cases, a pilot who reports a DUI / DWI conviction or driver’s license suspension to the FAA does not lose his or her pilot’s license. The pilot generally is required to undergo a substance abuse or psychiatric evaluation. Depending on the results, the pilot may be required to enroll in a substance abuse treatment program, submit to close monitoring by the FAA, or undergo random drug or alcohol testing.

The laws surrounding FUI / FWI are complex and challenging because pilots must follow both state law and the Federal Aviation Regulations, or FARS, governed by the Federal Aviation Administration. It is important for criminal defense attorneys who practice in FUI defense in California to be completely up-to-date with all the laws and regulations.

Because of the strict penalties imposed against pilots for flying under the influence and DUI / DWI, it’s critical to have excellent legal representation. A lawyer with experience defending flying under the influence cases can mount an aggressive defense and keep consequences to a minimum.

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 Bernardino

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 Bernardino Superior Court
351 N. Arrowhead Avenue, San Bernardino, CA 92415

Barstow Courthouse
235 East Mountain View Avenue Barstow, CA 92311

Fontana Courthouse
17780 Arrow Boulevard Fontana, CA 92335

Needles Courthouse
1111 Bailey Street Needles, CA 92363

Big Bear Courthouse
477 Summit Boulevard Big Bear Lake, CA 92315

Joshua Tree Courthouse
6527 White Feather Road Joshua Tree, CA 92252

Rancho Cucamonga Courthouse
8303 North Haven Avenue Rancho Cucamonga, CA 91730

Twin Peaks Courthouse
26010 State Highway 189, P.O. Box 394 Twin Peaks, CA 92391

Chino Courthouse
13260 Central Avenue Chino, CA 91710

Redlands Courthouse
216 Brookside Avenue Redlands, CA 92373

Victorville Courthouse
14455 Civic Drive Victorville, CA 92392

» San Bernardino 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 Ventura

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.

Ventura County Superior Court
Ventura Hall of Justice
Government Center,
800 South Victoria Avenue, Ventura, CA 93009

East County Department
3855F Alamo Street, Simi Valley, CA 93063

Juvenile Courthouse
4353 Vineyard Avenue, Oxnard, CA 93036

» Ventura 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

Motion to Strike Prior Convictions/Bifurcate Jury Trial

The skilled DUI / DWI defense lawyers at The Kavinoky Law Firm have the experience needed to use pretrial motions to the accused drunk driver’s advantage in a California drinking and driving case. One motion that can be employed is a request to strike prior convictions for driving under the influence from the defendant’s record.

Prior DUI / DWI convictions have a dramatic impact on every aspect of a drinking and driving case – from bail to sentencing. California has a 10-year "washout" period for driving while intoxicated convictions, meaning that if a person is arrested for drunk driving within 10 years of a prior offense, the second arrest will be charged as a multiple DUI / DWI. If that second arrest occurs more than 10 years later, then the second arrest is treated as a first offense.

Punishment for a multiple drunk driving offense can include jail sentences, large fines, attendance at mandatory alcohol education classes, and other repercussions. When someone suffers a second, third, or fourth offense within a 10-year span, the punishment exposure goes up dramatically.

Drivers are sometimes charged with a second– or third-time offender even though their previous cases are still being resolved in the courts. The California Legislature has declared that the timing of court proceedings should not impact the courts in imposing enhanced penalties for multiple offenses.

For example, a defendant may be in the midst of a second-time DUI case and get arrested for a third drunk driving offense. The court in the third case can sentence the defendant as a third-time drunk driver, even though the defendant has not been convicted as a second-time DUI driver. The only hard and fast rule is that the offenses occur within a 10-year span.

Because of this pitfall, a driver facing multiple unresolved DUI cases may want to consider requesting a bifurcated trial. This is where a prior is tried separately from, and after, the DUI charges. Because prior convictions are enhancements and not elements of the DUI offense, the court must grant bifurcation if the defendant makes the request in a timely manner.

In some instances, prior driving under the influence convictions can transform a misdemeanor drunk driving charge into a felony, with the possibility that the judge in the case will impose time in state prison. That is why it is critical that a skilled DUI attorney analyze any prior convictions to determine the best defense.

Before deciding to challenge a prior conviction, the defense lawyer must be fully informed about the prior conviction. This is usually achieved by a written request from the convicting court. The type of documentation the court will usually provide includes minute orders, the defendant’s written waiver of constitutional rights, and possibly transcripts of prior plea proceedings.

Some prior convictions cannot be used by the prosecution to seek enhanced punishment, such as those convictions that have been determined to be invalid under the U.S. Constitution. Juvenile convictions also cannot be used for enhancement purposes.

Crimes that qualify as prior crimes include the common DUI charge (California Vehicle Code Section 23152, DUI with injury (VC 23153), "wet reckless" (VC 23103.5), out-of-state DUI convictions (VC 23626), federal DUI convictions (VC 13352d), Boating under the Influence (Harbors and Navigation Code Section 655), and those DUI convictions that have been dismissed per Penal Code Section 1203.4 (the expungement provision).

Only one constitutional challenge is allowed per prior conviction, and the court’s ruling is binding on the prosecution, the defendant, and the DMV in all future judicial and administrative proceedings. Failure to obtain the records in a timely manner may result in denial of the motion to strike or its postponement until the time of sentencing. An experienced criminal defense drunk driving attorney will employ an effective motion to strike prior convictions in an attempt to prevent past acts from increasing punishment in a California driving while intoxicated case.

A motion to strike a prior conviction must state the specific constitutional rights the defendant is alleging will be violated by the prior conviction being used to enhance punishment. For example, the defendant can assert that the prior guilty plea was not voluntarily and intelligently offered.

A California lawyer experienced in defending multiple DUI / DWI cases will evaluate any prior convictions to determine whether they can be stricken from the defendant’s record to avoid additional punishment.