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- Free Case Evaluation Contact us for a free assessment of your DUI case
- What To Do First Follow these steps in the event of a DUI arrest
- In-Custody Search
- Bail in California DUI Arrest One of the most urgent concerns for anyone who’s been arrested is release from custody.
- Commonly asked California DUI questions California DUI Frequently Asked Questions (FAQ’s)
- Requesting a DMV Hearing It’s URGENT that anyone arrested for DUI in California request a DMV APS Hearing within 10 days. If the APS Hearing is not requested within 10 days, the person’s driver’s license is automatically suspended, and an APS hearing likely will not be granted.
- Why Fight My Case? If you don’t fight your DUI case, if you go into court and plead Guilty to drunk driving and throw yourself on the mercy of the judge and prosecutor, there is a 100 percent chance that you will be convicted of drunk driving.
- Our Firm The Kavinoky Law Firm offers a proven track record of outstanding results.
- Attorney Darren T. Kavinoky Attorney Darren T. Kavinoky is a highly regarded trial attorney, criminal behavior expert, and on-air legal analyst.
- Newsweek Magazine
- Super Lawyers, July 2006
- Super Lawyers, September 2005
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- Driving Under the Influence (DUI) Investigation One of three things must happen to trigger a DUI investigation: There must be an observed violation of the law, a driving pattern so suggestive of driving under the influence of alcohol or drugs, or a lawful roadblock or checkpoint.
- Elements of the offense DUI cases are generally misdemeanors. However, there are three circumstances that elevate a DUI case from a misdemeanor to a felony.
- Field Sobriety Tests Field sobriety testing is vitally important for both the prosecution and defense in a DUI arrest and prosecution. Field sobriety tests are divided-attention tests, which are designed to test for both mental and physical impairment.
- Chemical Testing Chemical testing is a major concern in all DUI arrests. Fortunately, a chemical test that indicates a driver was over the legal limit doesn’t mean an automatic conviction.
- Alcohol Absorption, Distribution, and Elimination
- Roadside Breath Testing
- Evidential Breath Testing
- Blood Tests
- Urine Testing
- Alcohol and the Human Body 101
- Refusal Cases A driver who refuses a chemical test after a drunk driving arrest faces serious repercussions at the DMV.
- Sobriety Checkpoints Police conducting sobriety checkpoints must follow strict criteria laid out by the California Supreme Court in the landmark case Ingersoll vs. Palmer. If police do not follow the protocol described in Ingersoll, the checkpoint is not lawful, and any evidence gathered during a drunk driving arrest may not be admissible in court.
- DMV Process Arrests for a California DUI trigger two separate cases: Criminal case and the Department of Motor Vehicles (DMV) case.
- Criminal Court Process 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.
- Special Investigative Considerations
- Miranda Warning
- Pretrial Motions
- Inside a Jury Trial
- Plea Bargains Although sometimes it’s better to take a case to trial, in other cases, a carefully negotiated plea bargain is in the driver’s best interests. An experienced California DUI criminal defense attorney will be able to broker a plea agreement with negotiated penalties that are the best deal for the driver.
- Criminal Court Punishment
- New DUI / DWI Sentencing Laws
- The “Lookback” Period for Priorability
- Court Punishment: Jail
- Court Punishment: Fines
- Driver’s License Suspensions
- Alcohol Education Programs
- Ignition Interlock Devices
- Special License Plates for Convicted DUI / DWI Drivers
- Sentencing Enhancements Certain factors known as “sentencing enhancements” can substantially increase the court’s punishment in a drunk-driving case
- Sentencing Alternatives Sentencing alternatives are typically designed to help as well as punish the guilty driver. Alternative sentences allow DUI offenders to retain their jobs and seek treatment for alcoholism, if needed.
- Ignition Interlock Devices The ignition interlock device is a sophisticated system attached to a vehicles ignition that measures alcohol concentration in the driver’s breath.
- Federal DUI Arrests that take place on federally owned land such as national parks and military bases are prosecuted in Federal Court.
- Post-Conviction Relief It is possible to clear your DUI criminal record through a process known as post-conviction relief.
- Out-of-State Drivers Out-of-state drivers arrested in California for drunk-driving face specific issues at both the California Department of Motor Vehicles (DMV) and in criminal court.
- Felony DUI DUI cases are generally misdemeanors. However, there are three circumstances that elevate a DUI case from a misdemeanor to a felony DUI.
- Vehicular Homicide
- Manslaughter
- Second-Degree Murder
- Accident Reconstruction Any felony DUI case involving an accident may benefit from an independent expert witness to reconstruct the events that led up to it, and the crash itself, to uncover evidence that points to the defendant’s innocence.
- California Driving Under the Influence of Drugs (DUID) cases In California, cases involving driving under the influence of drugs are prosecuted similarly to DUIs involving alcohol. The law defines driving under the influence as a physical or mental impairment that prevents a motorist from driving with the same caution that a sober person would exercise under the same or similar circumstances.
- Operating Motorcycles, Boats, Planes and Bicycles While Under the Influence of Alcohol or Drugs Driving Under the Influence (DUI) / Drunk Driving cases involving motorcycles, boats, vessels, aircraft and bicycles are separate offenses under California law.
- Drowsy Driving
- DUI / DWI and Car Insurance A driver who is merely arrested on suspicion of drunk driving is under no obligation to report it.
- California Superior Courts Select the California Superior Court in the county in which the drunk driving arrest happened.
- DUI Dictionary
- The Blood Alcohol Calculator (BAC)
- DUI Library
- California Court Allows Traffic Stops Based Solely on Uncorroborated Tips
- Traffic Schools and Alcohol Education Programs in California
- Expert Witnesses in DUI / DWI cases
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