Alcohol Education Programs in Inyo 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 Inyo County, California:

Inyo County Substance Abuse Services
(Service Provided: First Offender, 18 Month)
162 Grove Street,
Bishop, California 93514
Phone: 760-873-6533; Fax: 760-873-3277

» 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 Placer 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 Placer County, California:

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: Service Provided: First Offender, 18 Month)
1A Sierragate Plaza,
Suite 110,
Roseville, California 95678
Phone: 916-782-3737; Fax: 916-782-3739

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
11960 Heritage Oak Place,
Suite 9,
Auburn, California 95603
Phone: 530-885-1961; Fax: 530-885-0713

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
8491 Northlake Boulevard,
Kings Beach, California 96143
Phone: 530-546-5641; Fax: 530-546-5480

Sierra Council on Alcoholism and Drug Dependence
(Service Provided: First Offender, 18 Month)
1530 3rd Street,
Suite 202,
Lincoln, California 95648
Phone: 916-434-8927

Pacific Educational Services
(Service Provided: First Offender)
11795 Education Street,
Suite 220,
Auburn, California 95602
Phone: 530-888-1010; Fax: 530-888-9065

» 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 Siskiyou 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 Siskiyou County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
1263 South Main Street,
Yreka, California 96097
Phone: 530-222-8302; Fax: 530-222-5872

» 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.

In California, an arrest for a DUI triggers two cases. One case is in the criminal courts. The other is a Department of Motor Vehicles (DMV) case. A California DUI lawyer can handle both cases. Due to a recent change in California law, courts can no longer suspend a driver’s license. Only the DMV can suspend a driver’s license. The DMV will suspend a driver’s license upon a finding of Guilty at the DMV hearing or in the criminal case.

A DMV hearing must be requested within ten days of a drunk driving arrest in California. If a hearing is not requested in a timely manner, one may not be granted. Ten days means ten calendar days. Weekends and holidays count as part of the ten days. Failure to request a hearing will result in an automatic thirty-day suspension of driving privileges. Drivers from out-of-state should request a hearing too. Under the Interstate Driver’s License Compact an out-of-state driver may have his or her driving privileges suspended as well.

An Administrative Per Se Hearing (APS) or DMV hearing follows an arrest for driving under the influence. Generally, the two major issues at an APS hearing are whether the driver submitted to a chemical test or whether the driver refused a chemical test. If the test was submitted to, the hearing will be about the legitimacy of the tests. If there is alleged refusal, the hearing will concern whether the driver was properly warned of the consequences of refusal, among other considerations.

Where the chemical test was done, three issues arise. The first is whether the officers had reasonable cause that the driver was under the influence. Second is whether the arrest was lawful, and the third issue is whether the driver’s blood alcohol content (BAC) levels were above the legal limit at the time of driving.

Where there was no chemical test and the issue is refusal, it must be found out whether the driver was properly warned of the consequences of refusal. It must then be determined whether the driver refused the test after having been warned of the consequences. Refusal to submit to the chemical tests pursuant to the Implied Consent Law will result in longer license suspensions than are handed down to those who do consent to the tests. For example, a typical suspension for a first-time DUI can be four months, while those who refuse to test will get a one-year suspension with no leniency to allow for driving to work.

The Department of Motor Vehicles hearing differs from criminal court action in that the judge and the prosecutor are the same person. Furthermore, the DMV hearing is a process that is civil and not criminal in nature, and therefore fewer constitutional protections are available. Generally,a skilled and experienced California DUI Lawyer will review the circumstances of the arrest through the police reports and the chemical tests in order to launch an attack on the evidence at the DMV hearing as being hearsay, and therefore inadmissible. If the assault on the evidence is successful, a suspension of driving privileges will not occur.

Superior Court Of California, County of Kings

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.

Kings County Superior Court
Hanford Courthouse
1426 South Drive, Hanford, CA 93230

Avenal Superior Court
Avenal Downtown Courthouse
501 E. Kings Street, Avenal, CA 93204

Corcoran Superior Court
Corcoran Downtown Courthouse
1000 Chittenden Avenue, Corcoran, CA 93212

Lemoore Superior Court
Lemoore Downtown Courthouse
449 C Street, Lemoore, CA 93245

» Kings 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 Santa Barbara

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.

Santa Barbara County Superior Court
Anacapa Division
1100 Anacapa Street, Santa Barbara, CA 93121-1107

Santa Barbara County Superior Court
North County Administration – Miller Division
312 East Cook Street, Building E, Santa Maria, CA 93454-5165

Figueroa Division
118 E. Figueroa Street, Santa Barbara, CA 93101

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

Santa Barbara Juvenile Court
4500 Hollister Avenue, Santa Barbara, CA 93110

» Santa Barbara 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

Getting arrested on suspicion of DUI 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 court, and at the DMV. The knowledgeable DUI / defense lawyers at the Kavinoky Law Firm can help drivers navigate through both the DMV hearing and the court case.

The first stage in any DUI  court process is the arrest. Most arrests for a misdemeanor driving under the influence case occur when police observe signs of intoxication in the driver’s physical appearance and/ or erratic driving patterns. These observations form the basis of “probable cause,” which is the legal basis for the arrest.

Once arrested, a driver may be held in custody and must post bond to be released, unless released on his or her own recognizance, or OR. Bond, otherwise known as bail, is like an insurance policy guaranteeing the driver’s appearance at the next court date. The amount of bail is determined by a judge, based on the seriousness of the offense.

If held in custody, then a driver must be arraigned within 48 to 72 hours after the arrest, unless it occurs on a weekend, in which case it can be extended for one day. If the driver is not held in custody, the arraignment will be set at a later date.

At the arraignment, the judge will advise a driver of the pending charges, and the individual will be read his or her rights. The rights afforded to criminal defendants include the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to receive evidence to be used against the individual in the criminal proceeding. Also, at this time, a driver will be asked to enter a plea before the court. Possible pleas include not guilty, nolo contendere – commonly known as no contest – or guilty.

The next step in the court process is to submit pretrial motions. Pretrial motions may be submitted at the arraignment, but it is also customary for the pretrial motions to be heard at a later hearing date. Common pretrial motions include a motion to suppress evidence, discovery motions, motions to dismiss, and other motions in limine.

At some point during this process, a prosecutor may offer the driver a plea bargain, which gives the defendant an opportunity to plead guilty to a lesser charge. Sometimes taking a plea bargain is a good idea, sometimes it’s not. An experienced DUI lawyer can evaluate an individual case to determine whether a plea bargain is a good deal.

The final stage of the court process is the trial. Once a trial date is set, it is usually expressed as a “0 of 10 date” meaning that the DUI defendant’s speedy trial rights will not be violated if the trial begins on the trial date, or within 10 days of that date. If the trial does not begin on or before the expiration of the last day for trial, the case must be dismissed. If the last day for trial falls on a weekend day or holiday, the next court day is the last day.

Once the trial begins, both the defense attorney and prosecutor participate in selecting a jury. During this process, they engage in voir dire, or the examination of prospective jurors, to determine the juror’s qualifications for service. At this time jurors may be excused “for cause” or at the discretion of the attorneys, which is known as a peremptory challenge. Once the jury is chosen, the trial begins.

DUI trials usually last several days. At the trial, both the defense and the prosecution give opening statements, directly examine their own witnesses, cross examine the opposing witnesses, and finally give closing arguments. The judge then gives the jury instructions on how to apply the facts of the case to the law.

The next step is jury deliberation. The jurors are excused to the jury room, where they are given their first opportunity to discuss the facts of the case. When the jury concludes deliberation, they announce their verdict to the court – guilty or not guilty. Although the jury decides on a verdict, it does not determine the defendant’s sentence. The judge decides the appropriate punishment, which can be set by law, and may be enhanced by the facts of the case.

Although our justice system is designed to protect both the defendant and the public, the defendant needs someone looking after his or her best interests. A California attorney who focuses on defending DUI cases can ensure that anyone accused of drunk driving receives the fairest treatment possible in the court system.

Drivers arrested on suspicion of DUI in California are either released on their own recognizance, also known as OR, or must post bail in order to get out of jail. Bail in drunk driving cases is set just as in any other criminal case. Most counties have a bail schedule that outlines the bail requirements for each offense.

Many jurisdictions will release most driving under the influence suspects on their own recognizance, which means the driver won’t have to post bail. However, even if the driver is released on OR, DUI suspects typically must remain in jail for a certain number of hours, until police are certain that the driver is sober. This is designed to protect the arresting agency from liability – if an accused drunk driver was involved in an injury accident after being released from custody, the arresting agency may be held responsible.

While many jurisdictions release drunk driving suspects on their own recognizance, others require bail to be posted, even for misdemeanor offenses. Accused motorists who refused to submit to a chemical test, who had a blood or breath alcohol level (BAC) of .20 percent or greater, or who were involved in an accident are likely to be required to post bail.

Felony DUI cases always require bail to secure the driver’s release. Bail in a felony DUI arrest will typically be $100,000 or more. Bail bond firms typically require a down payment of 10 percent of the bail amount in order to secure a driver’s release.

The legal ramifications of a California drunk driving arrest are extremely severe, and a skilled attorney can help to arrange bail and protect the driver’s rights. The experienced attorneys of the Kavinoky Law Firm will help to secure the accused driver’s release and craft a defense strategy designed to minimize or even eliminate the consequences of a drunk driving arrest.

Evidential breath tests, also known as EBTs, are breath-testing instruments commonly used in California drunk driving investigations. Police and prosecutors rely heavily on EBT results, but they are far from foolproof. A skilled DUI / DWI defense attorney from The Kavinoky Law Firm will use a proven strategy to effectively challenge the results of EBTs.

To see how EBTs can be successfully challenged, it’s helpful to understand how alcohol enters a person’s breath. When an individual takes a drink, the alcohol isn’t digested like other substances – it gets absorbed by the stomach and small intestine. From this point, the alcohol enters the bloodstream.

The alcohol is then distributed by the blood to all tissues and organs that contain water. Veins carry the blood to and through the lungs, where the blood becomes oxygenated. The lungs are made up of air pockets, which are surrounded by blood-rich membranes, thus exposing the lung tissue to the consumed alcohol.

Third, the alcohol is eliminated by the body in the breath by evaporation. Evaporation occurs because the alcohol circulating in the blood comes in contact with the blood-rich membranes in the lung tissue and evaporates. During exhalation, the air is forced out of the lungs and emerges into the breath.

Infrared breath testing instruments identify ethyl alcohol molecules based on the way they absorb infrared light. No other compound absorbs radiation at the exact same wavelengths. In this sense, ethyl alcohol has a distinctive fingerprint.

EBTs measure the amount of alcohol in the breath by a partition ratio and converts it to an estimation of blood alcohol content. The problem with EBTs is that they generally contain instruments that detect the presence of mouth alcohol, commonly referred to as “slope detectors.” Mouth alcohol is the undetected, raw, unabsorbed alcohol in the mouth that falsely elevates the results of the breath test. The sources of mouth alcohol may include:

• A substance ingested prior to the breath test, like mouthwash, breath strips, cough drops or syrups, or asthma inhalers
• A substance regurgitated or burped from the stomach
• A case of gastroesophageal reflux, also known as GERD
• Dental work, such as dentures, braces or bridges which trap alcohol
• Mouth jewelry, such as tongue piercings, which trap alcohol
• Food in the teeth, especially bread and products containing yeast
• Tobacco products

The EBT slope detector reflects a real-time reading of the breath sample. Mouth alcohol creates a different pattern than a normal breath sample. If a subject has no mouth alcohol, the EBT device will read a continuous, though not linear, rise in breath alcohol until it reaches a plateau. If mouth alcohol is present, there may be a significant and sudden drop. A slope detector identifies and reports this drop as mouth alcohol, thus invalidating the result.

Another problem with EBTs is that police don’t always follow the proper waiting period before starting the test. Mouth alcohol evaporates after a 15-minute period, as long as no additional alcohol is introduced. Thus, police agencies are mandated to continuously observe the subject for 15 minutes before giving the breath test. This observation period cuts down on the possibility of a contaminated sample producing a falsely high BAC result.

Another issue with EBTs is California’s implied consent statute. According to the California Vehicle Code, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense committed in violation of Section 23140 (DUI for those under 21 years of age) or 23152 (DUI) or 23153 (DUI with injury). That means that a driver is only required to consent to a chemical test if arrested. However, police often administer breath tests prior to making an arrest.

Generally, a person has the choice of either a blood or breath test. However, if drugs are suspected the person may have to submit to a blood or urine test. But if only one type of test is available, then the person must submit to the available test. For example, if the person in transported to the hospital, they may have to undergo the blood test because no breath testing machines are present at that location.

Further, according to the California Vehicle Code, the person must be told that failing to submit to a chemical test will result in a fine, suspension or revocation of driving privileges, and mandatory imprisonment.

Finally, if only a breath test is chosen, the driver must be given the choice of having a blood test done in order to retain a sample for independent testing later on, because the breath test does not retain a sample.

Because of the many variables present in EBTs and the regulations governing their use, it is possible to challenge test results in a drunk driving case. Any driver who took a breath test and is facing charges of drinking and driving should consult with a qualified California attorney who specializes in DUI / DWI defense.

Drivers suspected of DUI / DWI in California often must perform field sobriety tests before being arrested. However, no matter how well the driver does on the tests, a drunk driving arrest is practically inevitable. The test is used solely to establish probable cause and create evidence for a court case. However, a skilled DUI / DWI lawyer from The Kavinoky Law Firm can successfully challenge field sobriety tests.

The Walk-and-Turn Test is one of three field sobriety tests standardized by the National Highway Traffic Safety Administration (NHTSA). Like other field sobriety exercises, the Walk-and-Turn Test is a divided-attention test – it’s designed to detect both mental and physical impairment by forcing the driver to focus on two tasks simultaneously. A prosecutor will use the test results as circumstantial evidence that the driver was impaired by alcohol or drugs.

The Walk-and-Turn Test is administered in two parts. The driver must first stand heel-to-toe with arms down while listening to the instructions. The officer tells the driver to take nine heel-to-toe steps along a real or imaginary line, turn, and return toward the officer in the same way. During the test, the officer will note any signs of impairment displayed by the driver.

The signs of intoxication the officer looks for include an inability to maintain balance during the test instructions, starting the test too soon, pausing while walking, an inability to touch heel to toe, veering off of the line, using the arms to balance, losing balance during the turn or inability to turn correctly, and miscounting the number of steps. If the officer spots two or more of these signs, he or she will assume that the driver has a blood alcohol content (BAC) of .10 percent or greater, and an arrest for DUI / DWI will follow.

However, many of the so-called signs of intoxication watched for in the Walk-and-Turn Test can be caused by physical conditions unrelated to alcohol, such as illness or injury. Alcohol consumption causes both mental and physical impairment, but mental impairment always occurs first. Physical impairment can be disguised by those with a high tolerance for alcohol, but mental impairment cannot be hidden. Therefore, if the driver shows only physical difficulties but no mental impairment, the field sobriety test results can be successfully challenged.

This test is particularly challenging for drivers with back or leg injuries, individuals older than 65, overweight drivers, and people with inner-ear disorders. A driver who performs the test on uneven ground, or who is wearing high heels, also isn’t likely to perform well.

Sometimes the officer doesn’t even conduct the Walk-and-Turn Test properly, or doesn’t correctly interpret the results. A California criminal defense attorney with a proven track record of winning driving under the influence cases can determine whether factors other than alcohol impairment hindered the driver’s test performance, and challenge the results.