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.

Experienced Los Angeles DUI Attorneys

It is important to hire a Los Angeles criminal defense lawyer when faced with a Los Angeles criminal charge. Not all criminal lawyers are the same. You want to make sure that you are given all the resources possible to resolve your criminal case with minimal repercussions. At the Kavinoky Law Firm, you not only get the knowledge and experience to win, you get an entire team working around the clock on your behalf.  Our main objective is to remove all the burdens off your shoulders. Let us handle the case, so you can sleep well at night.
There are many aspects and procedures that can be challenged to help get you off your criminal charge. We spare no expense to make sure we have uncovered all avenues of your Los Angeles criminal case.  We understand the impact of a criminal charge on your life and livelihood.

We focus on a plethora of Los Angeles criminal charges including:
Assault
Appeals
Battery
Bench Warrants
Crimes Against Children
Domestic Violence
DUI
DUI Drugs
Drug Crimes
Drug Possession
Embezzlement
Expungement
Federal Cases
Fraud
Gang Offense
Grand Theft
Investigatory
Manslaughter
Murder
Robbery
Sex Crimes
Violent Crimes
Weapons Crimes
White Collar Crimes

Big-Firm Resources, Small-Firm Feel

• The Kavinoky Law Firm has more than a dozen lawyers and a support staff of 25.

• We employ a team approach: Your defense strategy will be engineered by founding lawyer Darren Kavinoky, Senior Supervising Attorney Joel Koury, Northern California Managing Attorney Michael Meehan, and their handpicked team. The Kavinoky Law Firm has more than a century of combined legal experience, and over 500 completed jury trials.

• We are one of the largest law firms in California that concentrates on defending cases involving alcohol and drugs. This translates into greater resources for your defense.

• We employ a specialized Intranet Toolkit to ensure all of our attorneys effectively collaborate, share information, and work in concert.

• All of our attorneys use Blackberries or Droids. This means that you’ll receive an immediate response to your emails and phone calls and outstanding customer service.

• We have a network of attorneys throughout the United States for cases that involve issues that cross state lines, such as foreign prior convictions, or those involving out-of-state driver’s licenses that could be impacted by an action in California.

• We conduct frequent comprehensive case-evaluation roundtables, where a “mastermind” group of lawyers each review your case, and come up with the best approach that is designed to achieve the best possible result in your criminal case.

• We have an-house appellate department to address writs and appeals. We are willing and equipped to fight (and have successfully fought), significant legal issues all the way to the Supreme Court.

• We employ a team approach, which translates into more resources to come up with the winning strategy in your case.

Our Los Angeles Offices:
• Encino
• Los Angeles

 

We proudly cover these areas of Greater Los Angeles:
Acton, Agoura, Agoura Hills , Alhambra, Antelope Valley, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Brentwood, Burbank, Calabasas, Camarillo, Carson, Claremont, Commerce, Canoga Park, Century City, Chatsworth, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, East Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Irwindale, La Canada-Flintridge, Lake Balboa, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Los Angeles , Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Newhall, North Hollywood, Northridge, Norwalk, Oxnard, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Quartz Hill, Rancho Palos Verdes, Redondo Beach , Reseda, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, Simi Valley, South El Monte, South Gate, South Pasadena, Studio City, Sylmar, Temple City, Thousand Oaks, Three Points, Torrance, Valencia, Van Nuys, Ventura, Vernon, Walnut, West Covina, West Hollywood, Westwood, West Los Angeles, Westlake Village, Whittier, Woodland Hills.

California Supreme Court Allows Traffic Stops Based on Uncorroborated Tips

In a setback for privacy and civil rights, the California Supreme Court has ruled that police can use anonymous tips to stop suspected drunk drivers even if the officer doesn’t spot any illegal activity. An attorney plans to appeal the ruling to the U.S. Supreme Court.

In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said her van was weaving, even though the officer witnessed no signs of impairment. The woman later failed a field sobriety test and was arrested for heroin possession.

The ruling gives police in California the broadest powers in the nation to pull over suspected drunk drivers and other motorists based only on anonymous tips. In recent months, the state has posted signs urging motorists to report suspected DUI / DWI drivers to the CHP. Those signs, coupled with the high court’s decision, open the door for abuse by drivers involved in road rage or grudges unrelated to criminal activity.

Three justices opposed the ruling, saying police should not be allowed to stop motorists without witnessing illegal activity. “One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason,” Justice Kathryn Mickle Werdegar wrote for the minority.

The panel’s ruling comes on the heels of a string of high court decisions that erode the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.

In addition, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect for weapons based on an uncorroborated tip.

Defense attorneys decried the California Supreme Court’s ruling on anonymous tips as a setback for privacy and civil rights that may resonate for decades.

“Anyone can call in an anonymous tip for any reason,” said Darren T. Kavinoky, one of California’s top criminal defense attorneys. “This ruling essentially allows police to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”

Despite the setback, motorists arrested for drunk driving or any other criminal offense involving an anonymous tip still have numerous options to launch an effective defense. An experienced California criminal defense attorney can challenge evidence on a number of fronts and dismantle a prosecutor’s case.

The top attorneys of the Kavinoky Law Firm are experienced in defending DUI / DWI cases and other criminal charges throughout California. The firm’s expert attorneys will develop an aggressive defense strategy to challenge charges of driving under the influence of drugs or alcohol, drug possession, or any other criminal offense.