First Steps
First Steps
If you or a loved one have already been arrested it is essential that you be informed. What can be done immediately after an arrest and how to take action as soon as possible for your own defense is critical information. There is a 10-day window of opportunity to request a hearing with the DMV or your license will be automatically suspended. Knowing what to do first and how to take action will make every difference in your defense.
Sections:
The First 10 Days
The First 30 Days
Why Fight My Case?
Locating Someone in Custody
Bail in DUI Arrests
Requesting a DMV Hearing
Hiring a Lawyer
DUI Info
DUI Info
Driving Under the Influence or DUI investigations are implemented for many reasons. Ultimately, the prosecutor in a DUI prosecution is required to prove each and every element of the offense beyond a reasonable doubt, and in the case of reasonable doubt of the DUI suspect's guilt, a jury must find the driver not guilty.
Sections:
California DUI: Introduction to a DUI Investigation
Misdemeanor DUI Elements
Elements of a Felony DUI
Four Pillars of a DUI Case
DMV Refusal Cases
Sobriety Checkpoints
DUI Drugs
Special DUI Circumstances
Drivers Under 21
Out-of-State Drivers
DMV Info
DMV Info
Many motorists arrested for drunk-driving or driving under the influence of drugs are unaware of the relationship between the criminal courts, the California Department of Motor Vehicles, and their driver's license. The DMV case is more time-sensitive, because a motorist facing a drunk driving charge has only 10-day calendar days from the date of arrest to request a DMV hearing.
Sections:
DMV Process: DMV Adminstrative Hearing (DMV APS Hearing)
California DMV Driver Safety Office Locations
Issues at a DMV Hearing
DMV Hearing Process
Interstate Driver's License Compact (IDLC)
Consequences of a DMV Hearing
DMV Consequences for DUI First Offense
Second Offense DMV Consequences
Third Offense DUI DMV Consequences
DMV Refusal Cases
Court Process
Court Process
Getting arrested on suspicion of a DUI in California 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. A California DUI attorney with experience in drunk driving defense cases can help drivers navigate through both the DMV hearing and the criminal court case.
Sections:
Introduction to the Court Process
Inside a Jury Trial
Plea Bargains
Court Punishment
Uniqueness of a Federal DUI
Post DUI Conviction
Resources
Resources
From getting released from custody, requesting a DMV hearing, or post-conviction relief like expungements, there are many resources available to you to help you navigate being charged with a DUI in California.
Sections:
FAQ
DUI and Car Insurance
California Superior Courts
DUI Dictionary
BAC Calculator
List of Expert Witness
About Us
About Us
Criminal defense attorney Darren T. Kavinoky, and the experienced attorneys of The Kavinoky Law Firm, have a proven track record of success and are committed to providing you with a relentlessly thorough defense. Please contact us for a consultation at no charge.
Sections:
Darren T. Kavinoky, Founder of The Kavinoky Law Firm
Our California DUI Attorneys
Why Us?
Awards, Associations and Certifications
Case Results
Contact Us
Contact Us
Sections:

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Resources

SR-22 Forms

DUI and Car Insurance

Car insurance carriers use potential risk to calculate their rates. A driver’s risk of getting into an accident, having his or her car stolen, or colliding with an uninsured driver are some of the factors that affect insurance rates. Unfortunately, a driving under the influence conviction usually causes an insurance carrier to raise a driver’s rates substantially, or cancel the policy altogether.

Many drivers arrested on suspicion of Driving Under the Influence (DUI) wonder whether they should immediately report the arrest to their insurance company. However, a driver who is merely arrested on suspicion of drunk driving is under no obligation to report it. Because individuals are innocent until proven guilty, there is no need to contact an insurance company unless convicted of drunk driving.

Another issue facing drivers of DUI is the need to file an SR-22 form, or formal Certificate of Insurance. The requirement to file an SR-22 can be triggered by either a DUI conviction in court or a DMV Administrative Per Se license suspension. Because SR-22 forms are only generally required of DUI drivers, requesting one from an insurance company is like waving a red flag to announce a drunk driving arrest, so consultation with a lawyer experienced in these matters is highly recommended.