The Kavinoky Law Firm

California DUI arrests are painful. The embarrassment from the roadside field sobriety tests given to suspected drunk drivers quickly gives way to the terrible reality of handcuffs, and the fear of the consequences that could follow a California DUI conviction, like the possibility of being sent back to jail for even a minute, or losing your California drivers license for months, or even years. We understand just how you feel. More importantly, we know how to cushion or avoid the consequences of a DUI arrest.

If you have been arrested anywhere in California for a DUI, we have lawyers that can help. With offices in Los Angeles, Encino, San Diego, Newport Beach , Riverside / Inland Empire, San Francisco, and other California cities, we have experience in every California court.

California DUI defense attorney Darren T. Kavinoky has more than a decade of experience in successfully defending California drunk driving, DWI, drinking and driving, and driving under the influence of drugs (DUID) cases.

The Kavinoky Law Firm focuses on defending those accused of driving under the influence (DUI) and related drunk driving cases. California DUI law is complex, and Darren has the unique education, training and experience necessary to successfully defend a California DUI arrest anywhere in the state.

California DUI law triggers two separate cases: a DUI / DWI court case and a California Department of Motor Vehicles (DMV) case. When drivers are arrested for drunk driving in California, they are charged with two different counts. The first is driving under the influence of alcohol; the second is a related charge of driving with a blood alcohol content (BAC) of .08 percent or higher. The latter charge is the one that triggers the California Department of Motor Vehicles DUI case, where the California DMV will attempt to suspend the motorist's driving privileges.

URGENT: If you have been arrested for California DUI / DWI, it is vital that you act quickly to protect your driver's license. You have only 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) hearing with the California DMV. Contact California DUI lawyer Darren Kavinoky now to protect your legal rights if you or someone you know has been charged with a DUI, drunk driving, driving under the influence of alcohol or drugs, or any drinking and driving arrest in California.

DUI defendants in California are typically charged with violating two different statutes: California Vehicle Code Section 23152 (a), and also Vehicle Code Section 23152 (b). The first section, known to California DUI lawyers as the "A" count, relates to driving while a person's physical or mental faculties are impaired by alcohol (or drugs) to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or drugs in California courts.

California drunk driving arrests also give rise to a charge of violating Vehicle Code Section 23152 (b), known to California DUI lawyers as the "B" count. This charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08 percent or greater. It does not matter what the driving pattern is like, or whether the individual arrested performed field sobriety tests with textbook precision. It is a charge that is based purely on body chemistry.

The Kavinoky Law Firm concentrates on DUI defense throughout California. Darren Kavinoky has defended hundreds of California DUI cases, is certified in standardized field sobriety testing, is certified in the operation of all breath-test devices used in California DUI cases, and is available to defend your California DUI case. He also enjoys a coveted "AV®" rating in the Martindale Hubbell Registry, a peer review honor that singles out attorneys who are at the highest level of skill and integrity..

If you've already been convicted of California DUI, it may be possible to help clean up your record, whether your conviction is for a misdemeanor or a felony. Drunk-driving convictions can be expunged, and The Kavinoky Law Firm has helped many with the post-conviction relief available for California DUI cases. Contact The Kavinoky Law Firm for more information about clearing your California DUI conviction from your record.

Getting arrested on suspicion of a DWI or 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.
The first stage in any DWI or DUI court process is the arrest. Most arrests for a misdemeanor driving under the influence case occur when police observe signs of intoxication in the driver's physical appearance and/ or erratic driving patterns. These observations form the basis of "probable cause," which is the legal basis for the arrest.
Once arrested, a driver may be held in custody and mustpost bond to be released, unless released on his or her own recognizance (OR). Bond, otherwise known as bail, is like an insurance policy guaranteeing the driver's appearance at the next court date. The amount of bail is determined by a judge, based on the seriousness of the offense.
If held in custody, then a driver must be arraigned within 48 to 72 hours after the arrest, unless it occurs on a weekend, in which case it can be extended for one day. If the driver is not held in custody, the arraignment will be set at a later date.
At the arraignment, the judge will advise a driver of the pending charges, and the individual will be read his or her rights. The rights afforded to criminal defendants include the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to receive evidence to be used against the individual in the criminal proceeding. Also, at this time, a driver will be asked to enter a plea before the court. Possible pleas include Not Guilty, nolo contendere " commonly known as No Contest " or Guilty.
The next step with a DUI and the court process is to submit pretrial motions. Pretrial motions may be submitted at the arraignment, but it is also customary for the pretrial motions to be heard at a later hearing date. Common pretrial motions include a motion to suppress evidence, discovery motions, motions to dismiss, and other motions in limine.
At some point during this process, a prosecutor may offer the driver a plea bargain, which gives the defendant an opportunity to plead guilty to a lesser charge. Sometimes taking a plea bargain is a good idea, and sometimes it's not. An experienced California DUI attorney can evaluate an individual case to determine whether a plea bargain is a good deal.
The final stage of the DUI and the court process is the trial. Once a trial date is set, it is usually expressed as a "0 of 10 date", meaning that the DUI defendant's speedy trial rights will not be violated if the trial begins on the trial date, or within 10 days of that date. If the trial does not begin on or before the expiration of the last day for trial, the case must be dismissed. If the last day for trial falls on a weekend day or holiday, the next court day is the last day.
Once the trial begins, both the DUI defense attorney and the prosecutor participate in selecting a jury. During this process, they engage in voir dire, or the examination of prospective jurors, to determine the juror's qualifications for service. At this time jurors may be excused "for cause" or at the discretion of the attorneys, which is known as a peremptory challenge. Once the jury is chosen, the trial begins.
DUI / DWI trials usually last several days. At the trial, both the defense and the prosecution giveopening statements, directly examine their own witnesses, cross-examine the opposing witnesses, and finally give closing arguments. The judge then gives the jury instructions on how to apply the facts of the case to the law.
The next step is jury deliberation. The jurors are excused to the jury room, where they are given their first opportunity to discuss the facts of the case. When the jury concludes deliberation, they announce their verdict to the court - Guilty or Not Guilty. Although the jury decides on a verdict, it does not determine the defendant's sentence. The judge decides the appropriate punishment, which can be set by law, and may be enhanced by the facts of the case.
Although our justice system is designed to protect both the defendant and the public, the defendant needs someone looking after his or her best interests. A California DUI defense attorney who specializes in defending DUI / DWI cases can ensure that anyone accused of drunk-driving receives the fairest treatment possible in the court system.

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California DUI Lawyers, the Kavinoky Law Firm California DUI lawyers and attorneys from The Kavinoky Law Firm are available to provide a legal defense through offices located throughout California. Please feel free to call on us toll free at 800-958-8293 24 Hours a Day, or marketing@nocuffs.com 7 Days a Week, if you or a loved one has been arrested for a California DUI, or any other criminal case. The Kavinoky Law Firm stands ready to help in your time of need. Encino, CA 16255 Ventura Blvd, Suite 200, Encino, CA 91436 Tel: 818-346-4646 800-958-8293 Get Directions Los Angeles, CA 2029 Century Park East, 14th Floor, Los Angeles, CA 90067 Tel: 310-458-1414 Toll-Free: 800-958-8293 Get Directions Riverside, CA: 11801 Pierce Street, Suite 200 Riverside, CA 92505 Tel: 951-241-7194 Toll-Free: 800-958-8293 Get Directions Newport Beach, CA: 5000 Birch Street, West Tower - Suite 3000 Newport Beach, CA 926600 Tel: 949-494-5900 Toll-Free: 800-958-8293 Get Directions Fresno, CA: 1107 R Street Fresno, CA 93721 Toll-Free: 800-958-8293 Get Directions San Francisco, CA: 1 Embarcadero Ctr, Ste 500 San Francisco, CA 94111 Toll-Free: 800-958-8293 Get Directions San Luis Obispo, CA: 1141 Pacific Street #A San Luis Obispo, California 93401 Toll-Free: 800-958-8293 Get Directions Quincy, CA: 17 Buchanan St., P.O. Box 476 Quincy, CA 95971 Toll-Free: 800-958-8293 Get Directions Needles, CA: 1406 Bailey Avenue, #G Needles, CA 92363 Toll-Free: 800-958-8293 Get Directions San Diego, CA: 402 West Broadway Suite 400 San Diego, CA 92101 Toll-Free: 800-958-8293 Get Directions Encinitas, CA: 191 Calle Magdalena Suite 250 Encinitas, CA 92024 Toll-Free: 800-958-8293 Get Directions Redding, CA: 1768 West Street Redding, CA 96001 Toll-Free: 800-958-8293 Get Directions Sacramento, CA: 721 9th Street, Sacramento, CA 95814 Toll-Free: 800-958-8293 Get Directions Vallejo, CA: 27 Saint Francis Dr. Vallejo, CA 94590 Toll-Free: 800-958-8293 Get Directions San Jose, CA: 2880 Zanker Road. San Jose, CA 95134 Tel:408-240-0249 Toll-Free: 800-958-8293 Get Directions from