Tag: california dui laws

Summertime Brings Boating Under the Influence Enforcement

Posted by John Devendorf on

Unfortunately, boating under the influence season is here. The last day of school is here! Recreational boaters take to the local waterways to enjoy the summertime sunshine during boating season.

Since college and university students are out for the summer as well, young people and families will take advantage of the outdoors. Many will boat in the marina, Pacific Ocean, and local lakes. However, a nationwide initiative is underway to enforce boating under the influence laws.

Many people who enjoy boating in the summertime sun also like to have a cold beer or two while out on the water. However, even if you don’t take to the highways after boating, you can still be charged with operating under the influence if your watercraft is stopped and you are determined to be under the influence of alcohol or drugs.

Boating Under the Influence is a Crime

Boating under the influence, or BUI, is a violation under the California Harbors and Navigation Code, with possible penalties of up to $1,000 fines and up to 6 months in jail. As part of Operation Dry Water, agencies across the country participate in the program to raise awareness. Additionally, the program increases enforcement of boating under the influence laws. Locally, the Los Angeles Sheriffs at Castaic/Pyramid Lakes and Marina del Rey; the Los Angeles Port Police; and U.S. Coast Guard are participating in the program. June 26 to 28, 2015 is now the Operation Dry Water heightened enforcement weekend.

Operation Dry Water

Operation Dry Water has been an annual tradition in BUI enforcement over the years. Launched in 2009 by the National Association of State Boating Law Administrators with the Coast Guard, the mission of the operation is to bring awareness and education to recreational boaters about the dangers of alcohol and drug use while out on the water. According to the U.S. Coast Guard, alcohol is the primary contributing factor in recreational boating fatalities. Agencies will put out increased patrols to look for boaters with a blood alcohol content (BAC) over the 0.08% California limit. Boaters found to be intoxicated may face arrest for a BUI.

We have a number of outdoor recreation areas for boating here in Southern California. These areas include Marina del Rey, the Port of Los Angeles, Lake Perris, Big Bear Lake, Lake Arrowhead, Lake Castaic, and even the Colorado Lagoon in Long Beach. Make sure you understand the California BUI laws before taking to the water in any of these lakes, beaches, or parks this weekend.

BUI Convictions

A BAC of greater than 0.05%, but less than 0.08% does not create a presumption of intoxication. However, it is a sign of intoxication, which police may use as evidence. However, a BAC of 0.08% or greater creates a presumption that the boater was under the influence of alcohol. For boaters under the age of 21, there is a zero-tolerance policy towards BUIs. Knowing this, an individual under 21 with a BAC of only 0.01% or greater will face arrest. A BUI conviction counts towards a prior offenses. A drunk driving conviction within 10 years of a BUI is technically a second DUI. The penalties will increase from the first conviction.

Kavinoky Law Firm

If you find yourself under arrest for driving or boating under the influence, call an experienced criminal defense attorney at The Kavinoky Law Firm immediately. We employ your Top DUI Lawyer LA, CA. We hire the best attorneys in Los Angeles to provide the best defense possible. Call anytime 24/7. We don’t sleep – so you can.

How to Keep Driving After License Suspension for DUI

Posted by John Devendorf on

License suspension is a common penalty if for those caught of driving under the influence (DUI).

DUI and Associated Penalties Include Your License

In California, those penalties include a suspension of your driver’s license, fines, jail time, and mandatory drug or alcohol rehabilitation classes. While these legal penalties can seem like a lot, they often lead to other problems, as well. These indirect punishments often make the DUI penalties seem trivial.

For a first DUI conviction offense in California, you face a six-month license suspension. A suspension in a driving-intense part of the country as California is challenging. Additionally, this penalty potentially leads to ancillary problems.

If you need to drive to work, like nearly everyone in the state, license suspension can cost you your job. Even if you don’t lose your job, a six-month period of no car, is a major hassle. Getting to and from work, relying on public transportation, or on friends and family to get you where you need. This causes stress and creates tension in the personal relationships that matter the most to you.

Prevent a Loss of License

In California, for your first DUI conviction, it’s possible to regain driving privileges. First, you serve out 30 days of the suspension and then you may apply for a restricted license. This restricted license allows you to drive to, from, and during work. You may also drive to and from any rehabilitation classes as part of a legal requirement as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

To get a restricted driver’s license even with a license suspension:

  1. Enroll in a rehabilitation program,
  2. Serve 30 days of your license suspension, and
  3. File an SR-22 form, showing that you have insurance.
  4. Next, go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

There are cases in which courts require the installation of an Ignition Interlock Device (IID) in your car.  Once the IID is in place, and all other requirements as well, the court grants a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Exceptions to the Rule

Unfortunately, getting a restricted license is not an option if you refused to take a breathalyzer when you were arrested for DUI. Additionally, failure to complete your rehabilitation classes will result in your restricted license being revoked.

While the restricted license does limit where and when you can drive, it also allows you to get to and from work, which can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life.

Call 1.800.NO.CUFFS for a free consultation with a criminal defense attorney. Call us 24/7. We don’t sleep – so you can.

Third Offense DUI

Posted by Brianna Wilkins on

3rd DUIThird offense DUI charges are more severe than first or second offenses. If you have more than one DUI charge within ten years, you may think you know what to expect.

However, third offense DUI does not carry the same fines, penalties, jail terms and other requirements as the last time.

Under state law, anyone who is a habitual drunk driver, faces harsher punishments each arrest. Just a note: A habitual drunk driver is anyone convicted of more than one DUI within ten years. So, the consequences of a third offense DUI are much worse than other offenses.

Consequences of a Third Offense DUI

The consequences of a third offense DUI depends on a few factors. It depends heavily on whether or not the driver submitted to a chemical test. If a driver arrested for a third DUI in ten years submits to a chemical test, he then faces a less-harsh penalty. He is looking at a two-year license suspension and SR-22 insurance for three years following license suspension. They also have the option of requesting a restricted license after eighteen months.

Those who refuse to submit to a chemical test face much stricter penalties. These include:

  1. Additional license suspension of up to one year for a first refusal,
  2. Two for a second refusal, and
  3. Three for a third refusal.

Additionally, drivers who don’t submit a chemical test cannot obtain a restricted license.

Additional Penalties

According to California Law, a DUI arrest triggers an automatic license suspension. You only have ten days to challenge your suspension with the Department of Motor Vehicles. So, it’s crucial to find a qualified criminal defense attorney quickly.

Once the DMV receives your request, you’ll have a hearing where a DMV official will review the evidence against you. Here, the judge will decide if your arrest was legal. If the arrest was legal, in their opinion, your license will remain suspended.

The punishment handed down from the DMV is separate from the penalties stemming from a criminal conviction in court.

The Criminal Penalties of a Third Offense DUI

These include:

  1. Three-to-five years informal probation,
  2. A fine between $1,800 and $2,800,
  3. A minimum of a two-year loss of your driver’s license,
  4. Mandatory 18-month DUI classes, and
  5. A required 120 days of jail.

Though it is possible to have your jail term converted to an alternative, like home arrest, rehab, or a combination of the two, many counties insist on at least 210 days of jail. Yet others require a full-year prison sentence.

Though these are the typical penalties for a third offense DUI, the specific punishments rely on the specifics of the case and your previous DUI history. If the courts deem your blood alcohol level to be excessively high, or if you caused an accident or had a minor in the car with you at the time of arrest, enhancements can be added to your punishment- including additional time added to your license suspension, increased jail time, or the required installation of an Ignition Interlock Device, a breathalyzer-type device attached to your vehicle which must be blown into before the engine can be started.

If you’re found guilty of a third offense DUI, you’ll also be designated as a habitual traffic offender by the DMV. This designation can increase fines and penalties for future traffic violations.

Hire an Expert Attorney

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

Roadside Stop: Things to Remember When Getting Pulled Over

Posted by Brianna Wilkins on

The roadside stop is the among the most scary things on the road. The flashing lights of a police car in the rear view mirror fill most motorists with dread. Although nobody likes the roadside stop, it’s essential to show a police officer that you’re cooperating. If an officer is at ease, they will be less suspicious of you and your activities prior to the traffic stop.

What to do During a Roadside Stop

#1) Stay Calm

If you’ve ever been part of a roadside stop, you know it’s natural to feel nervous.  If you’ve been drinking, this feeling of panic is intensified due to the possibility of being arrested for a DUI. The main thing to remember when being pulled over is to remain calm. As the officer approaches your car, take a few deep breaths and remember to keep your hands on the wheel until the officer asks for your paperwork.

#2) Keep Quiet

When talking to the officer, don’t admit any guilt. It’s acceptable to give “yes” and “no” answers, but any explanation beyond that is usually not necessary. Anything you say can show up later in court. Wait until formal questioning to offer explanations, and remember whatever you say and do from here on out could make the difference between a conviction and an acquittal. Also, just a note, never bribe the officer. Not only is a bribe unethical, but it is definitely a crime.

#3) Decline Field Sobriety Tests

If you have a traffic stop for suspicion of a DUI, the officer will likely want to conduct field sobriety tests on you. You are not required to submit to field sobriety tests. You may tell the officer you do not wish to participate, especially if you know you’re over the legal limit and will be arrested for DUI. The officer may ask for a reason, but you don’t have to give one. Though you may refuse field sobriety tests, your refusal can go against you in court if the traffic stop results in an arrest.

#4) Decline Field Breathalyzer Tests

If you refuse to submit to field sobriety tests, the officer may ask you to take a breath test. The breath test administered on the side of the road is a preliminary alcohol screening, and the law does not you to do it. You may refuse the Breathalyzer without losing your license. It’s important to remember that roadside breath tests are notoriously inaccurate, so request a blood test at the police station instead.

#5) Sobriety Test at Police Station is Mandatory

If the events of the traffic stop resulted in you ending up at the police station for a DUI, a sobriety test is mandatory. This sobriety test happens in the form of a breath or blood test, and failure to comply with these mandatory tests is a crime. Under the law, it is your decision to obtain a driver’s license and operate a motor vehicle; therefore, by legal implication, you gave “implied consent” for a test under such circumstances.

#6) Be Polite

Though you may exercise your Constitutional rights against self-incrimination, this doesn’t you can be rude. There is absolutely no excuse for being obnoxious or argumentative with the officer, and it can only harm your case later on. Treat the officer with the respect they deserve; it could be the difference between a DUI arrest and a simple warning.

Hire an Attorney

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

 

Types of DUI Offenses

Posted by Brianna Wilkins on

DUI Offenses vary in their actions, convictions, and penalties. Depending on the exact offense you’re facing, previous DUI offenses, and location, the penalties differ.

DUI Offenses in California

dui offenses

In California, a DUI conviction carries stiff penalties, fines, and punishments.

In most cases, criminal charges consist of two offenses:

  1. Driving under the influence, and/or
  2. Driving with .08% blood alcohol concentration or higher.

However, while it’s possible to be convicted of both offenses, there is only one sentence for both convictions.

Current DUI Law

Under current California DUI law, each offense determines a different penalty.

A first offense DUI carries any and all of the following penalties

  • Serve a jail term of a minimum of two days and a maximum of six months
  • Installation of an ignition interlock device (IID) if the conviction is in Alameda, San Francisco, Los Angeles, or Tulare County
  • License suspension
  • Payment of various fines and fees
  • Placement on informal probation for three years.

According to the Los Angeles Times, the past few years reflect an increase in fines and penalties. For a first-time DUI in the state of California, penalties and fines are up 29% from those in 2011.

Prior Convictions

With all this in mind, it is important to note these are not the only factors. In fact, prior drunk driving convictions have a dramatic impact on new punishment for DUI offenses.

Those convicted within ten years of a second or third DUI may face:

  • Mandatory drug and alcohol programs that can last up to 30-months, and/or
  • License suspension for one or more years.

If enhancements occur during the case, California DUI law requires increased penalties. Enhancements are additional factors that negatively contribute to the DUI offense. These include:

  1. Driving under the influence with a child under 14 in the car,
  2. Excessive speeding at the time of arrest,
  3. Chemical test refusal, and/or
  4. Prior convictions within ten years of the current date of arrest.

In regard to priors, one or two prior convictions carries an increased jail sentence and longer license suspensions. Furthermore, three or more priors automatically change the offense to a felony. Additionally, if another person experiences injury or dies, the penalty increases. If these occur as a result of your DUI violation, the offense can be charged as a felony DUI.

DUI Punishments

The punishments for DUI offenses vary depending on the facts of the case. However, a DUI charge always generates two different cases in the state of California. One case is with the DMV. The power to suspend or revoke a driver’s license in DUI cases comes from the DMV. Then, the second case is with the criminal court. Criminal court cases either go through dismissal, plea bargain, or with an actual trial.

Whether you’ve been charged with a misdemeanor or felony DUI, the penalties for drunk-driving are serious. In fact, they affect an individual’s financial and personal life for years to come.

So, if you’ve been arrested for driving under the influence, finding the right California DUI lawyer who specializes in criminal defense can help you zealously fight your case in court. The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles.

Regardless, we know nobody looks good in handcuffs. #unlessyoureintothatsortofthing

DUI Blood Sample Investigation & Evidence Testing

Posted by Brianna Wilkins on

DUI blood sample investigation & evidence testing is a key strategic move in any criminal defense case.

DUI Blood Sample Investigations

Believe if or not, some criminal attorneys don’t include analysis of blood tests in their fees.

Going the extra mile to challenge prosecution evidence in a California DUI case is extremely important. A strong defense begins with lots hard work. It’s important to think through all of the possible things that could potentially be incorrect in your case. The Kavinoky Law Firm excels at defense. For example, if you took a blood test before your California DUI arrest, we will double check. Consequently, we will order an independent test of your blood sample at no extra charge.

The Logic Behind Independent Testing

The reason why we order an independent blood test is simple. Errors occur in blood testing more often than police and prosecutors like to admit. In fact, a blood sample in a California DUI case is not always perfect. Improper collection, storage, or analysis can ruin one’s reputation. Additionally, it is even possible to accidentally swap a sample from another driver.

The blood sample in your California DUI has specific instructions for collection and storage. Consequently, improper storage or collection provide problems or solutions. The blood needs to go into a glass tube that contains a mix of preservative and anticoagulant. If the preservative level is incorrect, your blood sample can ferment, creating alcohol and an inflated result. If the tube doesn’t contain enough anticoagulant, your blood sample will clot, which also creates falsely high blood alcohol levels. This is why independent testing of the same sample is essential for an effective California DUI defense.

Tests Aren’t Always Accurate

Even when a blood test is accurate, it merely indicates that your BAC was over the limit when you were tested, not when you were driving. It is not against the law to exceed the legal limit while at the police station, only while behind the wheel. Your body can absorb alcohol for a long time after you stop drinking, so your BAC may have risen between the time you were pulled over and the time you were tested.

An independent blood test is a crucial part of an aggressive California DUI defense. Therefore, that’s why The Kavinoky Law Firm includes this service in their retainer. For more information about California DUI defense, please contact us today at 1-800-NO-CUFFS for a free consultation.