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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Have you been arrested for a DUI? Get to know your rights and what to do to secure the best outcome for your case.
DUI charges in California are a big deal, even for first-time offenders who did not cause any accidents or injuries. The state has a firm stance on DUIs, and getting arrested could lead to massive fines and possible jail time – among other consequences.
If you’re pulled over by the police on suspicion of driving under the influence, knowing what to expect and your rights is invaluable to the success of your case. Typically, most drivers simply agree to everything the police ask, thinking being cooperative will make the situation better. However, in many instances, this ends up making matters worse.
If you find yourself here, you’re likely confused and scared, possibly thinking that this could be your last day as a free person. But all is not lost. With the right DUI lawyer, you can fight the charges and obtain the best possible outcome for your unique situation.
At The Law Firm of Aaron Bortel, we have been managing DUI cases for over thirty years. Our firm exclusively focuses on criminal law, diligently fighting for the rights of people accused of driving under the influence.
We take a detailed approach, with direct access to your lawyer in every case, ensuring you get the best outcome. Many of our clients have saved or regained their licenses after being accused of DUI.
Every interaction with a police officer can make you feel nervous, especially when there's uncertainty about whether you might be arrested—even if the officer seems friendly. This is no different during a DUI stop.
Understanding the arrest process of a DUI can help you determine if the problem is escalating and whether you need to contact your DUI defense attorney.
The process begins with the police officer stopping your vehicle on suspicion of impaired driving or drinking and driving. The officer may conduct a breathalyzer test at the scene or the checkpoint. If the outcome of the test is 0.08% or higher, you may be arrested and charged with a DUI. The officer may also file additional charges as they see fit.
Should you be arrested, the officer must read you all your rights. They must not violate your rights or procedural requirements during this process. If the officer makes any errors, it could be grounds for our defense to challenge the charges and have the case dismissed.
Not many drivers are well-versed in the DUI laws in California, even if it is your second or even third charge. If you act ignorantly, you could make matters worse for yourself, even if you’re trying to defend your rights.
Most officers will try to get you to comply with voluntary procedures like the field sobriety test. California, being an Implied Consent Law, most drivers believe they have no option. However, this law only applies to chemical tests at the station. There is no requirement to be obliged to take the Preliminary Alcohol Screening (PAS) test. You can firmly refuse to do the voluntary tests.
You are only required to submit PAS if you’re a minor or on probation. You should also try to do, talk, or look at the officer as little as possible. Most importantly, do not attempt to drive away. If stopped prior to the officer’s arrival, do not stay in the driver’s seat or leave the keys in the ignition.
Following these tips during a DUI stop could make all the difference for your DUI charges. If you are arrested, you should look for the best attorneys for DUI charges. However, you should act quickly because there is only a 10-day window to contest the charges.
Get exemplary DUI legal representation from an experienced attorney with over 30 years of experience!
If you are arrested on a DUI charge, time is of the essence. That’s why you need to take and find a DUI lawyer near me in Santa Clara County, CA, to mount your defense.
The Law Office Of Aaron Bortel can help you devise a strategic plan of action, even in cases that seem serious. With our direction, we can help you secure a positive outcome.
Call us today at (415) 523-7878 for a free case evaluation. Our firm is available 24/7 for individuals facing an array of crimes. We are happy to take both virtual and in-person consultations for our clients. Let’s get you back on track to getting your driving license.