Tag: DUI

After Arrest: What to Do Following Police DUI Arrest

Posted by Brianna Wilkins on

Arrest for DUI can be a scary thing: don’t panic. There are things you can do to work to ensure your fair treatment. First things first, hire an experienced criminal defense attorney.  A great attorney will work to get you the best outcome possible from your case.

What to Do First After DUI Arrest

There is an lot of circumstances that lead to an arrest for a California DUI / DWI or drunk driving. For example, maybe you and your date shared a bottle of wiafter arrestne at dinner. Sadly, in your excitement to get home, a police officer pulled you over for speeding. If the officer detected the smell of alcohol on your breath, now you’re in trouble. Or, let’s take another situation, maybe you had one too many at a friend’s wedding. A police officer pulls you over when you fail to come to a complete stop somewhere. The point is that a drunk-driving arrest happens to almost anyone at any time. When it does happen, a call for a California DUI attorney is a must.

While you may have feelings of distress or anger following your arrest, do not bury your head. Waste no time in hiring qualified California criminal defense lawyers or a DWI criminal defense lawyer. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles. If you or someone you know is facing a charge of driving under the influence, you need legal assistance. You may need to locate someone who remains in custody, and you will need to locate a bail bondsman. Consequently, a lawyer that specializes in California DUI laws can help you navigate the confusing California system.

Custody and Bail

It is not always simple locating a friend or loved one who is in custody. Without the right information, it can feel downright impossible. When attempting to locate someone it is helpful to have the individual’s full name, birth date, and booking number from the arrest.

Most often, one is released on their own recognizance (OR) following an arrest for a DUI / DWI in California. This means that a person is free to go but must return to court for their arraignment. There is a great deal of trust here, as there is no bail paid. However, this does not mean that they are not in need of California criminal defense lawyers.

With this said, there are circumstances in which a person is held in custody until they pay bail. In such cases, locating a dependable bail bondsman is crucial. The bondsman can help secure the rapid release of the suspect. Additionally, the bond helps speed up the beginning to his or her defense. Typically a bail bondsman requires a down payment equal to ten percent of the total amount of bail.

DMV Case and California Criminal Case

A DUI / DWI charge in California actually results in two separate cases. You will face a California Department of Motor Vehicles case and a California criminal case. Each case needs to happen as soon as possible in order to avoid unnecessary negative repercussions.

In California DMV cases a person accused of drunk driving has ten (10) days from the date of arrest to request a DMV hearing. If this doesn’t happen, the DMV automatically begins a process of suspending the person’s license to drive.

In the criminal case involving driving under the influence, the first step is the arraignment. At the arraignment, you enter a plea of Guilty, Not Guilty, or No Contest. Remember, you don’t have to enter a guilty plea. An experienced California DUI attorney can fight your case and win. However, they must know the California DUI laws in every detail.

Hire Great Counsel

Oftentimes, it takes costly resources to fight a CA DUI / DWI case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy. Success can happen in both the DMV hearing and the criminal drunk driving case.

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.

Bail Bonds – Release on Recognizance

Posted by Brianna Wilkins on

Bail bonds can feel like an overwhelming and complicated part of the arrest process.

Whether you or a loved one is facing conviction for DUI (drunk driving) or murder, a misdemeanor or a felony, you want out of jail. Therefore, one of the first priorities is to get the accused released from custody.

Bail, Bail Bonds, and O.R.

Release may be by way of a simple promise to appear, also known as being released O.R., or on one’s own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to secure release.

Most counties have a “bail schedule”, which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations, and a corresponding bail amount. These are the “presumptive” bail bonds amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider:

  1. The bail schedule,
  2. Seriousness of the offense,
  3. Previous criminal record of the defendant, and/or
  4. Whether the defendant has ties to the community, owns property, or has a job, and many others.

Types of Bail

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an person cannot go home until a sufficient period of time. The person must allow their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is not allowed by the arresting agency. In cases involving drugs, or criminal enterprises, a source of bail hearing must occur. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

Once you know bail prices, it amount shows up in one of several ways:

  1. Cash bail,
  2. Government bonds,
  3. Real Property, or
  4. Bail Bonds. This last option is the most popular of all four.

Bail Bondsmen

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

We work with some of the best, most dedicated bail bondsmen in the business. Like our offices, these bondsmen dedicate themselves to providing the best possible service. They give their clients excellent value for their investment. If someone you care about needs to bail out of jail, you can call on them for immediate help.

Hire an Attorney

If you should find yourself arrested for DUI, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

Find a DUI Lawyer Near Me

 

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.

California DUI and Legal Training

Posted by Brianna Wilkins on

California DUI laws are among the most complex and technical statutes on the books.

If the police arrested you arrested for drunk driving, you need to hire a DUI attorney quickly. Additionally, it’s essential this attorney has advanced legal and scientific knowledge to aggressively fight your case.

California DUI attorney Darren T. Kavinoky and the skilled California DUI lawyers of The Kavinoky Law Firm have the experience and legal acumen you need to effectively fight your driving under the influence case.

California DUI Lawyer, Darren Kavinoky

California DUI lawyer Darren Kavinoky prides himself on ensuring he is on the cutting edge of drunk driving defense. He has attended the National College for DUI Defense seminar at Harvard University six times.

Darren is also a certified by the National Highway Traffic Safety Administration (NHTSA) as an instructor of standardized field sobriety tests. What does this mean to your California drunk driving defense? It means Darren actually trains police officers in field sobriety testing. This can be extremely helpful when cross-examining the arresting officer about your field sobriety test performance.

Drunk Driving Defense Training

The California DUI lawyers of The Kavinoky Law Firm each have advanced training in drunk driving defense – every attorney is certified in standardized field sobriety testing and the operation of the preliminary alcohol screening, or PAS device. Our criminal defense lawyers are also certified operators and maintenance technicians on many other types of breath-testing machines used in California drunk driving investigations.

Our lawyers have more than 10 times the required amount of continuing legal education (CLE). This CLE is outlined by the State Bar of California. In fact, the Kavinoky Law Firm is a legal provider, per the State Bar of California, of Minimum Continuing Legal Education (MCLE).

California DUI laws are extremely technical and complex. Therefore, it’s critical to have a highly-trained California DUI lawyer on your side. The skilled DUI attorneys work hard to ensure they remain on the leading edge of drunk driving defense.

Hire an Attorney

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.

For more information about effective defenses to California DUI charges, please contact us today at 1-800-NO-CUFFS for a free consultation.