At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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How To Beat Your DUI Case In Marin County, CA

How To Beat Your DUI Case In Marin County, CA

Can I Beat My Marin County DUI Case Even If I Was Over The Legal Limit?

There are several ways that we can beat or win your DUI case even if you were over the legal limit.  Our goal is to win every case that we get. The first thing we do is get the Discovery report from the police records and gather evidence to see if it’s possible to win your case.

Sometimes, if there was insufficient cause to make a DUI arrest, we could file a suppression motion. For example, the cops may have said you were driving over the lines and weaving all over the place.

Suppose that when we get the video and look at it, we see you touched one line or the other line, but that was it. Sometimes we can get a judge to follow the law, and case law says that that is not enough to pull someone over. So, in those cases, we can file a suppression motion and win the case.

Can You Be Charged With DUI Even If You Aren’t Actively Driving?

Sometimes, law enforcement can’t prove that you were the driver. For example, say someone called 911 on you, and police officers showed up at your house after getting your address by running a license plate check. Sometimes, the police never saw you driving, the witness can’t come forward to identify you, and you never admitted to the cops that you were driving.

In this case, an officer can still arrest you for DUI because the car’s in your name, and you might have the keys with you, or a car might still be warm – but they still have to prove that you were driving.

In this case, we proceed with a jury trial. In a jury trial, the police must prove elements of DUI beyond a reasonable doubt; that you were driving while at or over the legal limit or driving impaired. So, the cops have a very high burden of proof to provide to the court.

When Should You Take Your DUI Case To Trial?

Some cases end up going to a jury trial, which is the client’s choice – it’s not our decision. As the client, it’s your decision whether you want to have your attorney take your case to a jury trial. At a jury trial, you will be there. Your attorney will have to talk to jury members who would then have to say that you are guilty beyond a reasonable doubt for you to be convicted of DUI.

What Are Some Of The Best DUI Defense Strategies?

There are several ways to handle a DUI case, so we do many different things to look for weaknesses that can either help beat the charge or get your charges reduced. We’re investigating many things along the way, like requesting video, requesting audio of your driving, and your contact with the police officers from beginning to end.

We get your blood test records, too, because sometimes they didn’t draw your blood properly or didn’t get your blood in a medically approved manner. In this case, we can file a suppression motion by bringing in an expert witness for blood draws, and we can attack it that way.

We will also look at the video of your field sobriety testing. If we see the video and your case goes to a jury trial, they’ll also get to see the video. A juror wants to look at that video and determine if you look drunk, or you’re falling over, or if you look well in control.

We can do a lot to get a DUI case dismissed in Marin County and the other Bay area counties in California – and with the guidance of a skilled attorney for DUI Defense Law In San Francisco, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Beating Your Marin County DUI Case In CA, a free initial consultation is your next step. Get the information and legal answers you are seeking by calling our office today at (415) 523-7878.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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