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 abortellaw@gmail.com OR Call us at: (415) 523-7878

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Taking Plea Agreements Or Going To Trial In A DUI Case


About 2% of the cases actually go to a jury trial on average when you look at all the DUIs out there. Sometimes I have more cases than that go to trial, rarely less.

Sometimes we have a situation where we have no choice but to go to trial, no matter what the blood alcohol level is. This is because the client’s job is on the line. That is their livelihood, or they have a commercial license.

There are a lot of reasons why we have to go to trial. Sometimes it is for immigration purposes. You never know which case is going to go to trial. That is why I always have to be prepared in every case for it to potentially go to trial.

Getting A Favorable Result Without Going To Trial In A DUI Case

I get a lot of cases I would like to take to trial. Usually, those are the more borderline cases; the ones where we have more defenses. Those cases are more likely to settle for a result the client is willing to accept. The client would rather accept that type of a disposition rather than go to trial.

If someone can get a Dry Reckless, a non-alcohol-related reckless driving, in almost every case they will take that instead of going to trial. This is because the consequences of trial can be so much more severe than having a DUI conviction on your record, versus a Dry Reckless. It is like night and day.

For more information on Plea Bargain Vs. Litigation In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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