Superior Court Of California, County of Solano

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.

Solano County Superior Court
Hall of Justice
600 Union Avenue, Fairfield, CA 94533

Vallejo Branch
321 Tuolumne Street, Vallejo, CA 94590

» Solano 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 – Driver’s License Suspensions

DUI / DWI convictions carry a host of penalties, including fines, jail sentences, mandatory alcohol education classes, and driver’s license suspensions. Because the penalties for drunk driving can be so severe, it’s important to be represented by an experienced California attorney who focuses on DUI / DWI defense.

In the past, the driver’s license could be ordered suspended by one of two entities – the DMV or the court. However, California passed new legislation that removed the court’s authority to suspend or revoke licenses on cases that occurred on or after Sept. 20, 2005. The authority to suspend California driver’s licenses now rests solely with the DMV.

To make things even more complex, the Department of Motor Vehicles can suspend a license based on the outcome of two separate events – a DMV administrative per se (APS) hearing or a criminal conviction.

After a drunk driving arrest, the DMV hearing is undoubtedly the most pressing concern as far as the driver’s license is concerned. A driver has only 10 days from the date of arrest, including weekends and holidays, to request an APS hearing. If the driver doesn’t request a hearing before the deadline passes, it’s very unlikely that one will be granted.

DMV hearings are unusual in that the DMV employee who presents the evidence (the “prosecutor”) and the DMV employee who weighs the evidence (the “judge) are the same person. The hearing administrator, who isn’t even a judge or a lawyer, decides the case based on a preponderance of the evidence, which is a much lower standard of proof than employed in a criminal trial. If the administrator concludes after looking at a police report and a chemical test result that a motorist was driving under the influence of alcohol, the license is suspended. That’s why it’s imperative to be represented by a qualified drunk driving defense lawyer at the APS hearing.

The new legislation brought changes to the way license suspensions are handled after a drunk driving criminal conviction. Under the new law, if the DMV receives notice that a driver has been convicted of a first-time DUI / DWI, it immediately suspends his or her license for six months. Previously, the court could order the license suspended, but only the DMV could actually restrict an individual’s driving privileges. Now the court has no authority over license suspensions.

As in other aspects of a DUI criminal case, there is a 10-year “washout” period for drinking and driving, meaning that any subsequent drunk driving arrests within 10 years of a first arrest are treated as multiple offenses with enhanced penalties. However, if 10 years pass after a first arrest, and the driver is again arrested on a drinking and driving crime, the later arrest is treated as a first-time DUI.

In the past, a driver whose license was suspended because of a first-time DUI / DWI conviction had to wait for one month to apply for a restricted license to drive to work and alcohol education classes. Under the new law, a first-offense DUI offender whose license is suspended by the DMV because of a drunk driving conviction can apply for a restricted license immediately.

For a second-offense DUI conviction, the DMV will suspend the driver’s license for two years, with the possibility of obtaining a restricted license after one year if the driver is enrolled in the appropriate alcohol education classes. Third- and fourth-offense drunk driving convictions will result in a three-year suspension, with the possibility of a restricted license after 18 months with enrollment in alcohol education classes.

A DUI / DWI with injury is charged as a felony and will result in longer license suspensions. A first-time DUI with injury will prompt the DMV to suspend the driver’s license for one year, with no opportunity for a restricted license. A second-offense DUI with injury will bring a three-year license suspension, with an opportunity for a restricted license after 18 months if the driver has completed an 18-month alcohol program.

One quirky aspect of California’s new drunk driving legislation affects individuals with commercial driver’s licenses – anyone convicted of DUI / DWI while driving a commercial vehicle whose non-commercial license suspended is not eligible for any type of restricted license. Additionally, any commercial driver convicted of a first-offense DUI loses his or her commercial license for one year. After a second offense, the commercial license will be revoked for life.

Because a DUI / DWI conviction can imperil an individual’s driving privileges, it’s essential to contact a California attorney experienced in drunk driving defense who can fight against license suspensions and other consequences of drinking and driving convictions.

In California DUI / DWI cases, evidence about the driver’s blood alcohol content (BAC) can the most damning – or the most vindicating – evidence in court. To see why, it’s useful to understand how the body absorbs, distributes, and eliminates alcohol, and how a driver’s BAC is affected. The skilled DUI / DWI criminal defense lawyers at The Kavinoky Law Firm are well-versed in the science of alcohol metabolism and will use this information to challenge chemical test results and help a motorist fight a drunk driving case.

DUI / DWI prosecutors regard a driver’s chemical test results as one of the most important pieces of evidence in a California driving under the influence case. However, everyone metabolizes alcohol differently, so it is extremely difficult to look backward in time to accurately pinpoint BAC when the driver was behind the wheel. This difficulty increases with the passage of time, and becomes increasingly speculative.

In addition, the integrity of a blood test hinges on whether the sample was properly collected, stored, and tested. Clearly, for the DUI / DWI criminal defense attorney whose expertise lies in highlighting reasonable doubt as to any element of the criminal case, this becomes increasingly valuable.

When an individual takes a drink of alcohol, it isn’t absorbed into the body right away. It first enters the stomach, then the small intestine, where most of the absorption takes place. How fast the alcohol is absorbed depends on the type of drink consumed, the individual’s stomach contents, and many other factors.

The body starts eliminating alcohol immediately, but cannot dispose of it at the same speed at which it is absorbed. This is how an individual’s BAC rises – the body is like a bathtub with a slow drain. The water flows in faster than it flows out, so the level increases. Alcohol absorption in the human body occurs in much the same way.

The body continues to absorb alcohol even after an individual stops drinking, and the BAC continues to rise until it reaches a plateau. This peak represents perfect equilibrium – absorption and elimination of alcohol is occurring at the same rate, so the alcohol level flattens out and is consistent for a period of time. This plateau typically lasts for 15 to 45 minutes, depending upon stomach contents and metabolic rate.

After the body’s blood alcohol content plateaus, the elimination phase begins. If the individual stops drinking, the BAC will steadily decrease at an average rate of approximately .02 percent per hour – about the equivalent of one drink. This, too, varies widely from person to person and in situation to situation.

The process of alcohol metabolism is represented graphically like a bell curve. Because a driver’s BAC continues to rise after he or she stops drinking, a chemical test that shows that the driver was above the legal limit of .08 percent BAC doesn’t mean the motorist was intoxicated while behind the wheel.

Many experts agree that breath-testing during the absorptive phase – after a driver stops drinking, but before alcohol content peaks – can overestimate true alcohol levels by 40 percent to 100 percent.

Many factors can affect the results of a chemical test in a driving under the influence investigation, including the motorist’s metabolic rate, stomach contents, and fatigue level. Often, an officer’s roadside investigation doesn’t even begin to address these issues. A skilled California DUI / DWI criminal defense lawyer can devastate the prosecution in a drunk driving case during an effective cross-examination.

Drivers under investigation for DUI / DWI in California typically take a field sobriety test, such as the One-leg Stand Test, during a traffic stop. The One-leg Stand Test is one of three field sobriety tests standardized by the National Highway Traffic Safety Administration (NHTSA).

Unfortunately, police officers don’t use the One-leg Stand Test to determine whether a driver is impaired; they are used to justify an arrest and gather evidence for a court case. A knowledgeable DUI / DWI criminal defense attorney can effectively challenge the results of the One-leg Stand Test as part of an aggressive drunk driving defense.

The One-leg Stand Test is a divided-attention test. It purportedly assesses mental and physical impairment from alcohol intoxication by requiring drivers to focus on two tasks at once. Police and prosecutors routinely ignore everything drivers do correctly and focus on even insignificant errors as evidence of alcohol impairment.

When administering the One-leg Stand Test , an officer directs the driver to stand with arms down and feet together during the test instructions. The officer then instructs the driver to raise one leg six inches off the ground, keeping the foot parallel to the roadway. The driver is told look at his or her foot while counting “one thousand one, one thousand two…” until told to stop, typically for 30 seconds.

Police watch for four signs of impairment: Swaying, using the arms to balance, hopping on one foot, and/or lowering the foot three or more times during the test. If the officer spots two or more of these signs, he or she will presume that the driver has a blood alcohol content (BAC) of .10 or greater, and the motorist will be arrested for DUI / DWI.

Police and prosecutors regard field sobriety test results as solid evidence of intoxication, but the results of the One-leg Stand Test can be successfully challenged. To understand how this evidence can be challenged, it’s useful to know how alcohol affects the human body.

When an individual drinks alcohol, mental impairment always occurs before physical impairment. Individuals with a high tolerance for alcohol can mask physical impairment, but mental impairment cannot be disguised. If no mental impairment can be proven, then any physical impairment must be attributed to factors other than alcohol.

In order to convict a driver of DUI / DWI, the prosecutor must present evidence of both mental and physical impairment. The physical impairment displayed in the One-leg Stand Test can be attributed to sources other than alcohol, such as injury or illness. A skilled DUI / DWI attorney can prove that there are many reasons other than alcohol impairment why a driver might perform poorly on the One-leg Stand Test .

Even people who haven’t had a single drink might have difficulty standing on one leg for 30 seconds. The One-leg Stand Test is especially difficult for drivers with back or leg injuries, individuals with inner-ear disorders or other balance problems, people over age 65, and individuals who are overweight. Drivers who perform the test on uneven ground or who are wearing shoes with heels higher than two inches also face challenges.

Because field sobriety tests are extremely subjective, they can be effectively challenged in court. A California defense lawyer who focuses on drunk driving defense will show that the driver’s performance in the One-leg Stand Test and other field sobriety exercises can be attributed to many factors other than alcohol intoxication.

Vehicular Homicide

The California Legislature has passed laws that carry harsh punishments for drivers who are convicted of killing another person while driving under the influence of alcohol or drugs. Public sentiment is often strongly on the side of the legislature on the drunk driving issue. The movement to stop drunk driving has grown considerably over the past decade and the punishments for driving under the influence cases involving death have increased over that time period as well.

Punishments in these cases can be very severe. When a person dies in a drunk driving incident, the prosecutor will commonly charge the driver with second degree murder, manslaughter, or vehicular homicide. A skilled DUI / DWI defense attorney can often reach a suitable plea bargain with the prosecution or they can zealously defend the case at trial.

Vehicular homicide is a wobbler. This means it can be charged as a misdemeanor or a felony. Typically, vehicular homicide will be charged as a felony. The standard in a case for vehicular homicide is that the driver acted with ordinary negligence. A conviction for a felony vehicular homicide will carry severe penalties.

The penalty for a vehicular homicide conviction can mean a prison sentence of one year or more. If the driver has prior convictions for driving under the influence of alcohol or driving while intoxicated, he or she can be sentenced to 15 years to life in prison. A California lawyer skilled in drunk driving defense will attempt to have the charges reduced to a misdemeanor. This will significantly decrease the potential punishment.

Independent experts will investigate the underlying DUI charge. If the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident. Chemical tests are oftentimes conducted hours after an accident. Due to the delay in conducting the testing, there will be no conclusive evidence as to the driver’s BAC at the time of the accident. In fact, it could have increased between the time of the accident and the time of the blood test or breath test.

Independent investigation by the criminal defense attorney and his or her team of experts is extremely important when presenting a defense to charges of vehicular homicide. An attorney who focuses on drunk driving criminal defense will employ independent investigators to conduct forensic research and reconstruct the accident to uncover evidence that points to the defendant’s innocence. After all, the defense is up against both the police and prosecutors who have the resources to investigate every aspect of the incident to gather evidence against the driver.

Because the consequences are so severe in vehicular homicide cases, and because the effort of the prosecution may be relentless, it’s crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team can evaluate each case to determine the best possible defense strategy in order to minimize any potential punishments.

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.