Tag: DUI

A DUI Attorney logo

Is there a relationship between sports, alcohol, and DUI?

Posted by Nicole Hanratty on

Is there a relationship between sports, alcohol, and DUI?

According to The Harris Poll®, “no matter the beverage, a majority of regular drinkers are tipping something back while watching their favorite sports, regardless of the setting.”

Sports and Drinking

The Harris Poll® noted the following popularity of drinking while watching sports, with the difference noted between watching sports in person, i.e. attending a sporting event, vs. watching a game on TV.

  • Football: 84% drink any alcohol while watching on television and 83% while watching live
  • Boxing: 80% and 81%
  • Hockey: 78% and 79%
  • Basketball: 78% and 80%
  • Baseball: 77% and 81%
  • Car racing: 76% and 81%
  • Horse Racing: 75% and 80%
  • Soccer: 74% and 76%
  • Beach volleyball: 73% and 76%
  • Golf: 71% and 76%
  • Tennis: 67% and 75%

Drinking and DUI

According to StatisticBrain.com, the average number of people arrested annually for drunk driving is 1,500,000.

DUI arrests by age group as it pertains the percent of arrests:
16 – 17 years old is 1.8 %
18 – 24 is 25.3 %
25 – 29 is 15 %
30 – 34 is 12.2 %
35-39 is 10.6 %
40 – 44 is 9.8 %
45 – 49 is 8.9 %
50 – 54 is 7.3 %
55 – 59 is 4.6 %
60 – 64 is 2.7 %
65 and older is 1.8 %

Source:

What were “DUI Offenders Reported Drinking?”
Beer only 54 %
Liquor only 23 %
More than one type 21 %
Wine only 2 %

Source: http://www.statisticbrain.com/number-of-dui-arrests-per-state/

DUI Attorney Los Angeles

Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

The Woody Show Asks Darren Kavinoky How to Defend a DUI

Posted by Staff on

darren-kavinoky-dui-the-woody-show-img_0736

Wondering how to defend a DUI? 1.800.NoCuffs attorney Darren Kavinoky appears on The Woody Show. The Woody Show airs on 98.7 FM in the Los Angeles area (or fans can listen to the show iHeart Radio online).

Darren Kavinoky is a sponsor of The Woody Show and appeared on the popular morning show to give his legal advice on how to defend a DUI arrest, which is “the most popular arrest.” (Kavinoky). DUI stands for Driving Under the Influence.

Says Kavinoky, “People need to know–that you can be impaired whether you are drinking something legal or illegal, prescribed or not prescribed. If it causes you to be unable to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances (that’s the legal blah blah), then you can be arrested for DUI. So that includes your medically recommended weed.”

Darren Kavinoky on The Woody Show

The Woody Show puts Darren Kavinoky’s skills to the test. Says Woody, “I have all these people in the news, you always read about these people who get in trouble. I would like to bring these stories up. And we’ll see how you can break it apart as far as how/where did they make their biggest mistake, just from the information that we have. And then, how would you defend them? Or how would you even begin to defend them? We’ll see how good you are Darren Kavinoky.” The Woody Show asks Kavinoky about a recent Chris Brown incident, read Darren’s comments here on DarrenKavinoky.com.

The Woody Show Asks Darren Kavinoky How to Defend a DUI

The Woody Show, “I’m gonna give you some of these stories in the news..I think to myself man I would just hang up. I wouldn’t even defend these people.”

Attorney Darren Kavinoky weighs in with his comments on “how to” defend the “odd” headlines in the news. The key legal take away from the lawyer?

  • “When you voluntarily take a substance, then you can’t later say, “Oh, I was so out of my mind as the result of my voluntary intoxication that now I can’t be held responsible for what I’m doing. So if you’re doing it consciously then you’re screwed from using that as your defense.”

When asked how to defend a female who was arrested for a second DUI, Kavinoky says, “Spoiler alert, sometimes when the handcuffs go on, windows of opportunity open for individuals to get introspective about changing their lives. And this may be somebody where the best thing to do given what sounds like overwhelming evidence of driving under the influence. Let’s say that they’ve got this woman…we’ll maybe we need to talk about making sure that this person is not a repeat customer of the justice system. And so, I don’t know, how about either rehab or counseling or something because ultimately, and this is my rant, I’m sorry. This is the thing that I think is fundamentally broken in our justice system. We lock people up for taking an action like driving drunk, holding up the 7-Eleven, whatever it is, but we warehouse these people with people that have the same broken thinking mechanism that caused them to take that action in the first place and we do very little to help address that underlying thought problem that leads people to take these broken actions. I would say, in this situation, let’s get this lady some help. …Maybe I’m the crazy one, but I like to leave people better off than when we found them.”

 

Testimonial

“Darren Kavinoky from 1.800.NoCuffs. If you ever find yourself in handcuffs or if you are ever facing a DUI, really Darren, his team, they are right there to help you out. They have two teams of lawyers the guys who get the case together for you and the guys who just go to court. And they’re really experts at what they do. Over two decades of experience. Darren’s a great guy, if you have questions or whatever you can always call over there, 1.800.NoCuffs. That’s 1.800.NoCuffs.” –The Woody Show

MORE ABOUT THE WOODY SHOW
“The Woody Show is driven by a cast of characters coming from a diverse range of backgrounds – all finding a common sense of humor and a love of entertaining their legions of fans weekday mornings from 6a-10a. Woody, Ravey, Menace and Greg Gory are irreverent, real and unapologetically themselves. They talk about the things that are important to all of us. They are the friends you’d want to hang with after work, at a party, or anytime!” –VIA

Binge Drinking, Violence, DUI and Crime

Posted by Nicole Hanratty on

Immediate risks of excessive alcohol use (usually binge drinking), according to the CDC, include “violence, including homicide, suicide, sexual assault, and intimate partner violence”.[1] These are frightening correlations for what many consider to be a night of drinking “fun.”

What are the effects of alcohol on violence, DUI and crime? There is a significant correlation between alcohol and drugs on violence and crime in the United States. The NCADD reports that nearly 3 million violent crimes occur each year in relation to alcohol.

According to SoberNation.com,[2] 7 reasons people drink include reasons such as stress, peer pressure, curiosity, and accessibility. With these as motivators, it’s not surprising that alcohol is related to poor decision-making, DUI, and crime.

The NCADD (National Council on Alcoholism and Drug Dependence) finds:
“The use of alcohol and drugs can negatively affect all aspects of a person’s life, impact their family, friends and community, and place an enormous burden on American society. One of the most significant areas of risk with the use of alcohol and drugs is the connection between alcohol, drugs and crime.” [3]

Alcohol is such a high factor in crime that the NCADD also reports, “About 3 million violent crimes occur each year in which victims perceive the offender to have been drinking and statistics related to alcohol use by violent offenders generally show that about half of all homicides and assaults are committed when the offender, victim, or both have been drinking.” [3]

Sources

1. CDC. Center for Disease Control. http://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm

2. https://www.sobernation.com/seven-common-reasons-why-people-drink-alcohol/

3. NCADD. Retrieved on October 5, 2016 via .

4. Greenfield LA. Alcohol and Crime: An Analysis of National Data on the Prevalence of Alcohol Involvement in Crime [PDF – 229 KB]. Report prepared for the Assistant Attorney General’s National Symposium on Alcohol Abuse and Crime. Washington, DC: U.S. Department of Justice, 1998.

5. Mohler-Kuo M, Dowdall GW, Koss M, Wechsler H. Correlates of rape while intoxicated in a national sample of college women. Journal of Studies on Alcohol 2004;65(1):37–45.

6. Abbey A. Alcohol-related sexual assault: A common problem among college students. J Stud Alcohol Suppl 2002;14:118–128.

What Happens When You Get a DUI in California?

Posted by Nicole Hanratty on

When you get a DUI in California, it can be a scary and daunting process. DUI attorney and founder of 1800NoCuffs, Darren Kavinoky, brings you accurate and informative answers to your most-asked music festival DUI-related legal questions.

Music Festival Fun & Caution 

Palm Springs is getting ready for the next three weekends of the Coachella Music and Arts Festival. For two weekends in a row, the Indio Invasion will take over the Inland Empire. When they’re done, Stagecoach country music festival begins.  It’s going to be crazy fun, so make sure you plan ahead to be safe. Be sure to check out this 10 Coachella Essentials and Survival Guide Playlist and watch Darren Kavinoky’s Legal Minute below.

If you encounter legal problems while in the Inland Empire, call 1800NoCuffs.  We have attorneys on hand to answer your calls and walk you through your individual situation 24 hours a day, 7 days a week.  We stay awake to help you, so you can rest easy.

Music Festival Legal Minute 

In this episode, Darren Kavinoky answers four important DUI-related questions. Watch the Music Festival Legal Minute on YouTube for information and legal advice by Darren Kavinoky. In this episode, he’s dressed and ready to go in desert-friendly music festival garb.

DUI in California: This Legal Minute Answers…

1. What happens when you get a DUI in California?
2. How long does a DUI stay on your record?
3. What to do when you get a DUI in California?
4. How many points is a DUI In California?

Please think before you drink and before you enter the music festival grounds and plan your way home . Enjoy yourself and be smart! 1800NOCuffs is the number you hope you never need but should always have on hand.The Kavinoky Law Firm employs the best DUI attorneys in California.

#1800NoCuffs
Because no one looks good in handcuffs #unlessyoureintothatsortofthing
http://www.instagram.com/1800nocuffs

Connect with Darren Kavinoky on Social Media
http://www.twitter.com/darrenkavinoky
http://www.facebook.com/darrenkavinokyfanpage

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

If you’re arrested for a DUI, Start Here first.

The Top Attorneys in Los Angeles can be contacted here.

ABOUT OUR CRIMINAL DEFENSE LAW FIRM
We have the best DUI attorneys on hand to answer your calls and walk you through your individual situation 24/7.  We don’t sleep so that you can.

Please think and plan before you drink. California DUI laws are stringent. Enjoy yourself and be smart! 1800NOCuffs is the number you hope you never need – but should always have on hand.

#1800NoCuffs
Because no one looks good in handcuffs #unlessyoureintothatsortofthing
http://www.instagram.com/1800nocuffs

Connect with Attorney Darren Kavinoky on Social Media
http://www.twitter.com/darrenkavinoky
http://www.facebook.com/darrenkavinokyfanpage

 

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.

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.

Would You Buy a Drunk-Driver Proof Car?

Posted by John Devendorf on

There now exists the concept of a drunk-driver proof car. Have you heard of it? Many people wait eagerly in anticipation of this vehicle, but let’s make sure we have all the facts.

Drunk-Driver Proof Car

Would you buy a car that has an alcohol sensing device installed to prevent intoxicated individuals from driving? It may be coming soon to a vehicle near you.

The National Highway Traffic Safety Administration (NHTSA) and a group of automakers and suppliers are working to create something new. They’re creating a device, they claim, is a Drunk-Driver Proof Car. This car supposedly prevents drunk drivers from even starting a car. The Automotive Coalition for Traffic Safety (ACTS), represents 17 car manufacturers and the NHTSA. These organizations want to see a specific device in all cars, an in-vehicle technology to prevent alcohol-impaired driving.

The two types of potential technology to do this include chemical breath and touch sensors. Known as the Driver Alcohol Detection System for Safety (DADSS), these devices automatically shut down the car if the driver’s alcohol level exceeds the legal limit of 0.08 percent blood alcohol concentration (BAC).

The breath testing system involves sensors placed in the driver’s side door or in the steering wheel. Once the driver enters the car, a beam of infrared light analyzes molecules in the driver’s breath. this analysis then determines the level of alcohol in the system. A Swedish automotive technology company initially brought the infrared light system to the market to test for terrorist bomb-making materials.

An alternative DADSS system would use a touch sensor on the ignition button or gear shift to shine a light onto the driver’s finger to analyze the driver’s alcohol level. According to car makers, these systems will be available as an optional addition to cars sometime in the next 5 to 8 years. The NHTSA says that there are currently no plans to make these systems mandatory, but they may be installed in government vehicles and fleets.

Lawmakers and Lobbyists

Some lawmakers are applauding a future without drunk drivers. Nita Lowey, a Representative from New York said the program has amazing promise, and could be the new auto safety advance, taking a permanent seat in the vehicles of the future along with seat belts and airbags.

However, the alcohol and restaurant lobbies aren’t fans of these systems which they say wouldn’t stop drunk driving. Case in point, Sarah Longwell, of the American Beverage Institute worries that these systems may stop responsible drivers who’ve only had one or two drinks. “The fact is there is a lot of discussion right now about lowering the legal limit from 0.08 to 0.05. That would put a 120 pound woman in a situation where she could get arrested for a DUI after a single glass of wine with dinner.”

The Ignition Interlock Device: Ahead of The Drunk-Driver Proof Car

An earlier version of this type of technology is already in operation. Some drivers with a DUI in California use an ignition interlock device (IID). Following a suspended or revoked license, in order to drive again, many must install an IID.

The IID is a device that requires an alcohol-free breath sample in order to start the engine. It also requires periodic samples while driving, and it records any failed breath samples. The device is currently mandatory for DUI violators in four counties: Alameda, Los Angeles, Sacramento, and Tulare. However, some lawmakers want the program to go statewide. Although, with the adoption of an alcohol detector in all cars, the IID could become obsolete.

Don’t Fight Alone

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.

​Three Strikes for DUI in California Could Land You in Jail

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 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 “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. Consequently, 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. Additionally, fight against any criminal charges that could lead to a felony charge down the road.

With this in mind, hire an experienced DUI attorney in California. It is the most effective way to defend against a DUI charge. Your attorney will argue for your interests both in and out of court. As a matter of fact, 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.