9891 Irvine Center Drive
Irvine, CA 92618

click here for directions to our office

Toll Free: (888) 444-7210
Tel: (949) 679-9494
Fax: (888) 444-7211

We offer credit card processing & payment plans.

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all of these cases seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

APS, or Administrative Per Se - In many states, there are two separate cases that arise from a single drunk driving arrest: the court case, and the Administrative Per Se, or APS case, with the Motor Vehicles Department. In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Motor Vehicles Department will take an administrative action against the driver. NOTE: Most states limit the time a driver has to request a hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away.
Acetone - an organic compound commonly found in the breath that can be improperly read as alcohol by the Intoxilyzer.
Absorption - The taking of alcohol from outside the body into the bloodstream. Peak absorption refers to the highest level of blood alcohol seen before blood alcohol content (BAC) begins to diminish.
Alcohol Gaze Nystagmus (AGN) - Gaze nystagmus caused by the effects of alcohol upon the nervous system.
Arraignment – The initial court proceeding, where someone arrested for DUI / DWI, drunk driving, or any related drinking and driving criminal charge is formally advised of the charges against them, and given an opportunity to enter a plea.
BAC - Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level.
BAL - Breath alcohol level, or blood alcohol level. Today, many states will allow the prosecutor to try to prove the defendant's guilt by direct reference to the breath alcohol level, rather than having to convert the breath alcohol level to blood alcohol level.
Breathalyzer - A portable machine utilized by law enforcement to measure the blood alcohol content (BAC) of suspected drunk drivers.
Burnoff - The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain.
Caloric Nystagmus - A vestibular system nystagmus caused by differences in temperature between the ears, e.g., one ear is irrigated with warm water and the other irrigated with cold water.
Chemical Test - As related to driving under the influence (DUI), a test of the alcohol or drug concentration in a person's blood. Blood or urine tests are used if other drugs are suspected.
In a tremendous setback for civil rights and privacy rights, the California Supreme Court has ruled that law enforcement can use anonymous tips to stop suspected drunk drivers even if an officer doesn’t witness any illegal activity.  A California attorney plans to appeal the ruling to the U.S. Supreme Court.
In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said the woman’s van was weaving, even though the officer witnessed no signs of impairment.  The woman later failed a field sobriety test and was arrested on suspicion of heroin possession.
As a result of this ruling, the police in California have the broadest powers in the nation to pull over suspected drunk drivers and other motorists based solely on anonymous tips.  Recently, the state has posted signs urging drivers to report suspected DUI / DWI motorists to law enforcement.  Those signs, coupled with the court’s decision, open the door for abuse by drivers involved in road rage or grudges completely unrelated to criminal activity.
Only three court justices opposed the ruling, saying police should not be allowed to stop drivers without witnessing illegal activity. "One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason," Justice Kathryn Mickle Werdegar wrote for the minority.
A string of high court decisions have resulted in the further erosion of the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.
Additionally, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking and announcing their presence if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect to check for weapons based only on an uncorroborated tip.
Defense attorneys across the state decried the California Supreme Court’s ruling on anonymous tips as a setback for civil rights and privacy rights that may resonate for decades.
“Anyone can call in an anonymous tip for any number of reasons,” said Darren T. Kavinoky, one of California’s top DUI / DWI defense attorneys. “This ruling essentially allows law enforcement to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”
Despite the ruling, motorists arrested for drunk driving or any other criminal offense involving an uncorroborated tip still have numerous options to build an effective defense. An experienced California criminal defense lawyer can challenge evidence on a number of fronts and dismantle a prosecutor’s case.

1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...

1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...

3 arrests for DUI in a 3 month span. All cases out of Orange County...

Felony Case Results.... Read More

Learn More