Tag: california strict dui

California DUI Laws versus Other States – Comparisons

Posted by John Devendorf on

Not all states carry laws as tough as California DUI laws. However, California is not the most strict.

Anyone unfortunate enough to face a conviction of driving under the influence in California is familiar with the harsh the penalties. A first-time DUI in L.A. can mean up to 6 months in jail, fines of up to $1,000 or more, probation, a drug or alcohol education program, an ignition interlock device (IID) installed in your car, and expensive higher insurance premiums. You may think California ranks near the top of U.S. states when it comes to DUI penalties, but according to a recent study, California falls somewhere in the middle.

DUI Rankings for All 50 States

Wallet Hub did a survey of DUI laws in all 50 states and Washington, D.C., ranking states from harshest to most lenient. They considered a number of factors in their analysis, including:

  • minimum jail time for a first offense DUI;
  • number of DUIs before it is considered a felony;
  • look-back period in counting DUIs;
  • higher BAC penalties;
  • fines and fees;
  • enhanced penalties for child endangerment;
  • mandatory IID installation;
  • administrative license suspension period;
  • alcohol and drug abuse treatment programs;
  • impounding vehicles after a DUI;
  • use of sobriety checkpoints; and
  • increased insurance rates.
Source: WalletHub

Who Came Out on Top

California DUI laws are not as intense as other states. Neighboring Arizona had the strictest DUI laws, with a minimum 10-day jail sentence even for a first offense. Coming down much softer on DUIs are the District of Columbia and South Dakota, where even a second DUI carries no minimum jail sentence.

California ranked 34th when it came to strict DUI laws. However, it is not clear whether the survey included the limited use of mandatory IID installation after a first offense DUI. California is testing mandatory IIDs as a pilot program in four counties: Alameda, Los Angeles; Tulare and Sacramento. Lawmakers are considering taking the program statewide.

Understandably, states are following the trend of enacting even stricter laws aimed at drunk driving. Starting July 1st, a new IID law went into effect in Connecticut. Now all first offense DUI convictions require an IID in their car, whereas before it was only for repeat offenders. Now, about half of all states have an IID requirement for a first-time DUI.

A Wisconsin lawmaker proposed a new law. According to Mothers Against Drunk Driving (MADD), the law closes a loophole in the state’s IID requirements. Consequently, it creates a type of license where violating IID requirements is a criminal offense, rather than just a citation. Wisconsin requires IIDs for repeat drunk drivers, those who refuse a chemical test, and for first-time offenders with a BAC of 0.15% or higher.

Washington state is considering strengthening their DUI laws as well. In most states, a third or fourth DUI within the specified look-back period is considered a felony. In Washington, repeat offenders wait until their fifth DUI before they face a felony charge. Due to this, State Senators have introduced a bill that would lower the felony DUI number to the 4th DUI.

Alternative Punishments for DUI

While some state lawmakers, advocates, and groups such as MADD fight for stricter DUI penalties, others are moving towards more preventative measures. California DUI laws now include increasing the use of IIDs after a DUI conviction. This prevents a driver from taking to the road if they don’t blow a clean breath. California may make this move to bring the mandatory IID program to the rest of the state if the pilot program succeeds.

What to do if You Get Arrested for a DUI

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California DUI Penalties

Posted by John Devendorf on

California DUI Penalties restrict driving privileges, cost a ton of money, and/or require significant jail time.

Driving under the influence (DUI) is one of the most common crimes committed in the United States. In fact, in 2012, there were over 1.28 million drivers arrested in the United States for DUI; 1 for every 165 licensed drivers in the country. There are so many people arrested annually for DUI, so awareness of potential penalties is very important.

Penalties for DUI Charges

Driving under the influence is a state crime. So, penalties vary from state to state. Compared to other states, California’s DUI penalties carry significant jail time but carry relatively small fines.

DUI Penalty Matrix

In 10 years, this was your… Fine Jail
1st Offense $390 – $1,000 4 days – 6 months*
2nd Offense $390 – $1,000 90 days – 1 year
3rd Offense $390 – $1,000 120 days – 1 year

Note: *At least 2 days of jail time must be continuous, the remaining jail time can be served during time off work. This decision is at the court’s discretion. 

DUI Classes

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. If the conviction is in Sacramento, Tulare, Los Angeles, or Alameda counties, then an Ignition Interlock Device (IID) is a requirement. The IID is then mandatory for a minimum of 5 months.

DUI classes have different sections for different convictions. Depending on the offense, violators fall into different classes. A conviction of DUI for the first time, second DUI offense, or with a “wet reckless” charge determines which class you take. “Wet reckless” is a term for reckless driving with a measurable blood alcohol content (BAC). These classes take a substantial time period to complete. The class schedule for third-time DUI offenders is a 30-month program, in addition to fines and criminal charges.

These are only the minimum penalties, however. The penalties rapidly increase if other factors play into your arrest. If the arrest involves an exceptionally high BAC, driving with minors in the car, or the damage of another car, the potential risks increase.

Unfortunately, even after you pay fines and complete jail time, the penalties continue. In addition to these penalties, criminal convictions linger on your record. As a result, each additional conviction makes subsequent arrests much worse. This is especially true in California. In California, neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.”

Therefore, with all of these penalties in mind, preventing the first conviction is even more important.

Best Attorneys in Los Angeles

One of the best ways to ensure you aren’t convicted for your first DUI in California is to find one of the best, most experienced attorneys in the field of DUI defense in the state.

At the Kavinoky Law Firm, we don’t have just one of the best in Los Angeles; We have an office staffed full of the best attorneys in California. All of our attorneys are well-versed in all matters of criminal law. Their expertise ranges from DUI to murder. Additionally, with offices throughout California, we’re ready to fight for your freedom in any court in the state.

Call us for a free consultation: 1800NOCUFFS

Three Strikes for DUI in California?

Posted by John Devendorf on

People often ask us, is there a Three Strikes Law for DUI in California?

California is famous for a lot of things: The sights at the Golden Gate Bridge, glitz and glamour of Hollywood, delicious coastal wine, the massive stretches of beach, and unfortunately, the antiquated Three Strikes law.

As many Californians know, the Three Strikes Law for DUI sentencing law places offenders behind bars. If a defendant is convicted of a felony, and already has one on record, they face twice the typical prison sentence for that crime. A third conviction results in a mandatory prison sentence of 25 years to life.

Enacted 1994 and adapted in 2012 by Proposition 36, the original law requires 25-life mandatory sentencing for a third felony conviction. This rule applies if the third conviction is considered “serious” or violent.” The Three Strikes Law for DUI is more lenient today. Before Proposition 36, the law required the mandatory sentencing for any third felony offense.  Many people received life imprisonment sentences for significantly less violent crimes, like felony petty theft.

Possibility of the Three Strikes Law for DUI

It’s important to know about the Three Strikes law for DUI in California. It does include DUI convictions. So if you have a felony DUI conviction on your record, or are facing felony DUI conviction today, it is likely you may face of this incredibly harsh sentencing law.

With that said, there are three scenarios that involve a driver under the influence (DUI):

1. Scenario One:Three or more prior DUI convictions in the last 10 years. These three prior offenses can include a combination of DUIs (in any state) and “wet reckless” convictions. Typically a person receives a wet reckless by accepting a plea bargain down from a DUI charge. If you have a collection of three of these offenses on your criminal record, your next DUI arrest will be for felony DUI.

2. Scenario Two: If you are driving drunk and injure other people. Felony DUI charges include those for DUI vehicular manslaughter and DUI second-degree murder.

3. Scenario Three: You are at risk if you have a prior felony DUI on your criminal record. Unfortunately, California is hard on “repeat offenders.” A charge of felony DUI applies to those who already a felony DUI on their record past. History has shown, this happens regardless of the circumstances surrounding your latest DUI arrest. Whether or not the arrest involves accident or injury does not factor into the decision. Nor does the blood alcohol content (BAC) limit.

Defend Your Freedom

California’s Three Strikes law makes it incredibly important to fight against any and all felony charges, or any criminal charges that could possibly lead to a felony charge down the road.

Hiring an experienced DUI attorney in California is the most effective way to defend yourself against DUI charge. Your attorney will argue for your interests both in and out of court. California defense attorney Darren Kavinoky employs the best attorneys in Los Angeles.

If you’re facing DUI or other criminal charges, don’t let them get out of hand. We work 24/7 and stay up so you can rest easy.

Call the Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

Collateral Consequences of a Criminal Conviction

Posted by John Devendorf on

As we mentioned in a prior blog posting, a criminal conviction remains on your record. This type of conviction can cause problems in a variety of situations. For example, those convicted of a criminal offense face challenges with job applications or applying for a new apartment.

Additionally, convictions for driving under the influence (DUI) remain on your California driving record for 10 years. Criminal convictions for DUI remain on your criminal record forever in the State of California. The only way to remove the conviction is to seal them through the process of expungement. Having a blemish on your criminal record is a huge hassle, even after completing your sentence.

Case Study in Criminal Convictions

A recent article in The Wall Street Journal highlights the plight of those criminally convicted. In this case, a man convicted of a criminal offense strikes out when looking for work.

This article details the plight of a convicted Ohio felon, Hashim Lowndes. When Mr. Lowndes applied for jobs after his release, he struggled. Unfortunately, upon his release, Mr. Lowndes had numerous “collateral consequences” of his felony drug conviction for trafficking cocaine.

According to the Journal, Mr. Lowndes may not “… vote, teach preschool, foster a child, operate a racetrack, cut hair, sit on a jury, provide hospice care, protect game, distribute bingo supplies, deal livestock, broker real estate—or, perhaps most salient to Mr. Lowndes, obtain a license to become a heating, ventilation, and air-conditioning technician.”

However, there were other restrictions, as well. “…more than 500 [restrictions], scattered throughout Ohio’s laws…” However, for Mr. Lowndes, in his efforts to get his life back on track, it was the inability to get an HVAC license that was most important.

“I was scared about taking out a $20,000 loan for a certification that I wouldn’t be able to use,” Mr. Lowndes said.

The number of job restrictions for those with criminal convictions is discouraging. It is incredibly important for a convicted felon to get and maintain a solid job. According to the Journal’s article, “[r]esearch shows stable employment greatly reduces the chances of a person convicted of crime breaking the law again.” These job restrictions are a penalty that contributes to future arrests and convictions. Which, sadly, reinforces a painful circle that can be difficult to break.

46,000 Collateral Consequences 

The response to this dilemma has been slow. Furthermore, only a few states have created a process for convicted criminals to file court petitions to lift employment bans. Unfortunately, California is not one of them.

Worse yet, studies finding the collateral consequences of criminal convictions are just beginning. One of these studies, by the American Bar Association (ABA), has found more than 46,000 collateral consequences.

Approximately 60%-70% of these restrictions are solely on employment, according to Stephen Saltzburg, a law professor at George Washington University. Usually, it seems that many of these consequences surprise people. Many believe that once they serve their time, they are free to live their lives without restriction. Only, as of the today, Vermont is the one state with a law requiring criminal defendants to be informed of any collateral consequences they might face, should they plead guilty to a crime.

In the event that you face criminal charges, knowing the fines and jail time that you might face for a criminal conviction is extremely important. A conviction’s collateral consequences can be overwhelming, life-altering, and harsh. Moreover, a criminal conviction risks your freedom and future ability to earn. Review the ABA National Inventory of Collateral Consequences of Conviction (“NICCC”) for more details.

With this in mind, you should not face a criminal conviction alone. Work with the best criminal attorneys in California, we fight for your freedom. Call the Kavinoky Law Firm, at 1.800.NO.CUFFS, if you have any questions, or concerns.

Top Times and Dates for California DUI Arrests

Posted by John Devendorf on

Make no mistake, there are popular times and dates for California DUI arrests. Although, technically, there is no right or wrong place at the right or wrong time to drive drunk.

It may be the one time they drank one too many beers with co-workers at happy hour, or the one time that a headlight burnt out, which cause the police to pull their car over. Although cops in California don’t necessarily have to look too far to find drivers under the influence of marijuana or alcohol, there are certain times and dates when law enforcement are on higher alert to target impaired driving.

Weekends are Popular Times

It may seem obvious, but weekends and weekend activities seem to coincide with drinking and driving. After a long work week, many people like to relax on the weekends, and enjoy time with friends and family. This may include afternoon BBQs where people can enjoy cold beer in the sunny California weather, or a night out dancing till the wee hours. But at some point, people have to go home.

Some drivers  make the short drive home if they drank more than they intended or didn’t arrange for a safe ride home. Most people just want to sleep in their own beds.

However, police officers are on the lookout for impaired driving, especially on the weekends. When there may be daytime weekend events like football games, or holiday barbecues, law enforcement may be on higher alert for daytime intoxicated driving. Otherwise, law enforcement are well aware that weekend evenings will see a high rate of drivers heading home after having too much to drink, smoke, or otherwise consume intoxicating substances.

Late Night to Early Morning Hours

Late night or early morning is the time when roads have an increase in drivers under the influence. After all, when the bars close, the patrons have to go somewhere. It’s worth noting that many people who frequent bars keep their alcohol consumption limited or ensure a ride home. Others still feel okay to drive although technically over the limit.

The police know peak times for impaired driving, and are on the lookout for cars exhibiting erratic driving. Even if it is a minor traffic violation the police can stop a car. When a driver is pulled over early in the A.M., the police may be looking for signs of drug or alcohol consumption. If a police officer suspects a DUI, it may lead to field sobriety testing and/or a field breathalyzer.

Holidays

According to the National Highway Traffic Safety Administration, holidays can be peak periods for drinking and driving. The Fourth of July holiday, is often among the dates with the highest rates of alcohol-related accidents. The book ends of summer, Memorial Day and Labor Day, are also busy dates for law enforcement. Even the holidays of Christmas and Thanksgiving are active DUI arrest events. The night before Thanksgiving, also known as Black Wednesday, is one of the busiest nights for bars. As a result, ti is also one of the busiest nights for DUI arrests.

Before You Decide to Drink and Drive

Understandably, most drivers may not think about the times and dates for an increased chance of DUI arrest. However, statistics of alcohol-related accidents is well known to law enforcement. Drunk-driving figures are public knowledge to Police Departments, Sheriffs and the California Highway Patrol. With this knowledge in mind, they often target possible impaired drivers for DUI arrests during these times.

Police may also conduct sobriety checkpoints around these times and dates. According to law enforcement, DUI checkpoints serve two purposes. They catch impaired drivers, and also discourage drivers from getting on the road after too many drinks.

Get Help with DUI Arrests

You don’t have to do this alone! Call California’s Top DUI attorneys with The Kavinoky Law Firm to stand by your side and defend your case. We employ the best criminal defense attorneys in the state so that we can provide you with the best defense possible. Call 24/7 – we don’t sleep – so you can.

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Research Suggests Uber Reduces DUI Deaths

Posted by John Devendorf on

As California lawmakers continue to fight with Uber, the ride-sharing company continues to grow.

Many fans of the app-based services prefer Uber or Lyft over taxis, citing the ease of use, simple payment system, and availability. There are now more options than ever to avoid driving under the influence. These companies note that their services contribute to a decrease in DUI deaths.

Independent Research Proves the Theory

Temple University Study

Now, an independent study from researchers at Temple University appears to back up Uber’s claims. The research paper, titled “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide,” looked at the entry of Uber services along with the rate of alcohol-related motor vehicle homicides. According to their results, the entry of Uber into markets in California between 2009 and 2013 suggests a significant drop in the rate of motor vehicle homicides during that time.

The research, conducted by Temple business professors Brad Greenwood and Sunil Wattal, finds a decrease in drunk driving deaths of between 3.6 to 5.6 percent. The possible reasons for this reduction appears to mirror the reasons behind customer preference of the apps over traditional taxis: cheaper prices and easier access.

MADD Study

Uber makes similar claims about the link between their service and a decrease in drunk driving. However, those claims receive more skepticism. “More Options. Shifting Mindsets. Driving Better Choices,” a study done in conjunction with Mothers Against Drunk Driving (MADD), supports this claim as well. Their report finds that drunk driving crashes fell by 60 per month in California among drivers under 30.

The report indicates that having more options for a ride home is empowering people to make better choices In Miami, Florida, Uber ridership peaks around the same time as peak drunk driving crashes. Pittsburgh shows a peak in ridership around 2 a.m., closing time for bars. Uber also reports a decrease in drunk driving arrests by 10% in Seattle. The reduction follows the introduction of their service in the city. Critics claim thhe car service overstates the correlation.

In addition to analyzing ridership and accident rates, a sample survey in the largest cities operation shows some interesting statistics. It reveals close to 88% of respondents over 21 agree with the statement that Uber has made it easier for them to get home after having too much to drink. Additionally, 78% said their friends are less likely to drink and drive after Uber’s arrival.

Other independent analysis appears to support the idea that after Uber or Lyft come to town, people have more ride options. More ride options apparently lead to a decrease in the amount of drunk driving. Philadelphia notes a similar decrease in DUIs, especially in those under 30 years old after the introduction of rideshare.

Rideshares like Uber Still in Hot Water

Of course, many remain skeptical of such information. Time will show the reality of these claims. In fact, the long term effects of rideshare availability remain uncertain. In the meantime, the car company faces suspension and a $7.3 million dollar fine. They’re facing penalties in California for not turning information over to the California Public Utilities Commission.

The Kavinoky Law Firm

If you find yourself arrested on suspicion of a DUI, don’t fight it alone. Call Darren Kavinoky and his team of DUI lawyers at 1.800.NO.CUFFS. We staff the top DUI attorneys in California and we are here to represent you. Call 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.