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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Is It Even Possible To Win A Marin County DUI Case?

Yes, it’s definitely possible to win a Marin County DUI case, but it does not happen every time. In fact, it does not happen most of the time. If you talk to a lawyer that says they have a good chance of winning DUIs more often than not, then you should find someone else to represent you. This is because they are not being truthful. These are very difficult cases to win, and in order to do so, we need to come up with solid evidence to show the DA’s office they should not be bringing charges against you. This almost never happens. Typically, a case is won in one of two ways. One way is with a motion to suppress the evidence, showing that there was insufficient cause to pull you over, do an investigation and arrest you for a DUI. This is done in front of a judge, and the DA’s office needs to bring in the officer who conducted the stop and arrest. Then, they have to demonstrate that they had what they needed in order to arrest you.

The other way to win one of these cases is to go to a jury trial. In almost every case, we’d be in front of a jury of 12, all of whom would have to say that the defendant is guilty beyond a reasonable doubt. There are ways to win these cases, and we have done so before. However, the odds are against you, and the only way you are going to get a chance to win is if you get a very good DUI lawyer who can fight for you.

How Do I Protect My Driver’s License In Marin County?

In order to protect your driver’s license in Marin County, you need to request a hearing with the DMV within 10 calendar days of your arrest. The hearing is an administrative per se hearing that allows the defendant to challenge the case, which they may do by attacking the lawfulness of the arrest or the actual chemical test results at the time of driving. Requesting the administrative hearing within 10 days is the first step that needs to be taken. Otherwise, your license is gone within 30 days of your arrest. During the first 30 days after your arrest, your driving privilege is not restricted or suspended. However, it will be suspended once that 30 days is up unless you have requested a hearing or can show proof of having done so. In my opinion, the best way to request a hearing is to have your attorney request it for you. Your attorney can meet with a hearing officer in person to show evidence. I feel that it’s very important for your attorney to request that hearing. Now, if you are at the 9th or 10th base since your arrest and you haven’t hired or talked to an attorney, then you should request the hearing yourself. However, it is sometimes difficult for an attorney to change the hearing.

Is It Possible To Win A Marin County DMV Hearing? Does It Affect The Criminal Portion Of The DUI?

It is absolutely possible to win a Marin County DMV hearing. The discovery process includes getting records on the machines and blood testing, information on the chain of custody, chromatograms (the printouts from the blood testing machines), and the dash camera videos or body camera videos from the police vehicles. Gathering this type of evidence is how we go about trying to win these cases and get the best result possible. In requesting this information for court and the DMV, we come up with evidence that can sometimes help us win the DMV hearings. So while it is possible to win these hearings, it is very hard. I’ve won many hearings over the last 31 years, and many of those have been Marin County DUI cases.

Sometimes it’s easier to win the case in regards to the DMV and sometimes it’s easier to win the case in court. There is less of a burden with the DMV, but sometimes the proof issues are such that if we can show that one of the three elements that they need are not present, then we can win the hearing. This is something that doesn’t happen very often. Again, if someone tells you that they win these more often than not, they are not telling you the truth.

Can I Get My Driver’s License Back After Losing A DMV Hearing In Marin County?

Even after losing a DMV hearing in Marin County, you can still get your driver’s license back. If you do lose the hearing, then you are typically looking at a month of no driving for a first offense DUI. After that, you are able to apply for a work restricted license, which allows you to drive to and from work and DUI school. That will typically last five months unless there is a blood alcohol level reported above 0.20 at a court conviction or a refusal allegation. If there is a refusal and you lost the refusal issue with the DMV, then you’d be looking at a year of no driving. If it’s a blood alcohol level above 0.20, then you are potentially looking at one month of suspension followed by 9 or 10 months of restricted driving. If it’s under 0.20, it’s a first offense and you have no prior DMV suspensions, then you can get your license fully reinstated after five months of restricted driving.

In order to get the restricted license you have to do three things: pay a re-issue fee to the DMV, be enrolled in and complete DUI school and have an SR-22 (high risk insurance). You should talk to your lawyer about that insurance at the beginning of your case because there are ways that experienced DUI attorneys can point you in the right direction and help you save a lot of money with insurance.

For more information on Winning A Marin County 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.

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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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