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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Law Firm of Aaron Bortel

How To Fight DUI Charges In San Francisco, CA


How To Fight DUI Charges In San Francisco, CAIs It Worth Fighting My DUI Charge In San Francisco Even If I Blew Over The Legal Limit?

Even if you blew over the legal limit in San Francisco, it is worth fighting your DUI charge. San Francisco is an interesting city in the San Francisco Bay area. It’s like no other county or city in Northern California. We have had cases where the client was double, triple, or more over the legal limit, but we got those charges dismissed or reduced in San Francisco.

How Can You Get A DUI Case Dismissed If You Blew Over The Legal Limit?

To get your case dismissed when you’re over the limit, we do a lot of investigating and can file Suppression Motions to show that the police did not have sufficient cause to arrest you for DUI.

We will work to show that the police can’t meet the elements needed for you to be convicted of DUI. For example, there may be something wrong with their breath testing machine, the blood testing, or how they drew the blood.

Perhaps the manufacturer took the breath testing machine out of service, the device was reading high, or it needed to be appropriately calibrated. We check for machine accuracy, needed repairs, and many different things to try and win your case in San Francisco and other counties in the Bay area.

Are There Options For DUI Diversion In San Francisco?

San Francisco has been receptive to diversion motions in the past. A diversion will mean no DUI conviction on the condition that you complete some different steps ordered by the court. Unfortunately, DUI diversion is no longer available as of the end of 2021. Still, in 2022, we have had some success getting the court to grant a diversion.

For example, in some of our San Francisco DUI cases where a single parent or caregiver is charged with DUI, there is a motion that we can file. However, I have not seen this motion filing work in other areas of Northern or Southern California – only in San Francisco DUI cases.

Even if you believe you don’t qualify for diversion, you will never know unless we try. So don’t hesitate to contact us so we can talk about your situation. We’ll see if any of the methods we can use to fight these cases will work for you.

We’re here to help, we’re good at what we do, and we encourage anyone arrested for a DUI in the San Francisco Bay area to contact us.

Do I Need To Hire A Marin County DUI Attorney If I Blew Over 0.08?

You should have a lawyer in Marin County or anywhere else in the San Francisco Bay area if you blew at or over 0.08% and are charged with a DUI.

It takes an experienced lawyer who knows what they’re doing to defend these cases and your constitutional rights. This is important because DUIs can impact so many different areas of your life. For example, a DUI conviction can result in negative impacts to your:

  • Employment Opportunities
  • Credit Score
  • Car Insurance Rate
  • Personal Finances
  • Immigration Case
  • And more…

What’s more, people with DUIs have immigration and entry issues when going to Canada. For example, suppose you want to go to Canada for a vacation – you have to pass through Canada to take a cruise to Alaska. With a DUI on your record, you can get denied entry into their country and your trip can be ruined.

Do You Need An Attorney To Get Your License Back After A DUI Charge Or Conviction?

A DUI lawyer can help you through your DMV (Department of Motor Vehicles) administrative per se hearing, also known as your DMV hearing. A DMV hearing is something the public defender cannot do, and you’re not going to be able to have much success on your own with it.

You have ten days from the date of arrest to request a DMV hearing. We request the hearing for our clients if they contact us right after their arrest and before the ten-day deadline.

Submitting the request for a DMV hearing can keep your license from being suspended 30 days after your arrest. We can also submit requests for the hearing to be postponed every so often. By doing this, we can keep people driving for many months, sometimes years, while we’re fighting your case in court and at the DMV, so your life is not interrupted.

What Options Do You Have If Your License Is Suspended After A DUI In San Francisco?

You still have options if your license is suspended after a DUI arrest in California. To get you back on the road, we can request a restricted license with an ignition interlock device (breathalyzer) or a work-restricted license.

Because you have a court case that is separate from your DMV case, we try to time it so that the suspension and interlock device requirements start simultaneously. We make it so you would only have to go to a DMV hearing one time. This only sometimes works out, but do what we can to make it so that you’re not without a license for very long.

How Can An Attorney Help If You’ve Been Charged With DUI?

There are so many distinct reasons to have a DUI lawyer. Primarily, it’s your best chance to get the best results with your case. If you don’t have a DUI lawyer and go to court and admit guilt, then you’ll wonder for the rest of your life if you could have gotten a better result. Hiring a qualified DUI attorney is worth the investment – because the rest of your life is at stake.

We know a DUI is a serious charge to have on your record. We provide a free consultation because we highly recommend you call us if you get arrested for a DUI in Marin County or who blows or has a blood test over 0.08.

We also provide referrals for insurance and ignition interlock companies. We know the ones that tend to have much better customer service and won’t make our clients run around getting paperwork from the DMV. We walk you through everything to help you keep driving and get back on the road as soon as possible.

Most important of all, we are committed to working in your best interest, we have experience as DUI lawyers, and we get results.

With the guidance of a skilled attorney for DUI Defense Law In San Francisco, you can know that we’ll make it look easy and fight to protect your rights and interests.

For more information on Fighting DUI Charges In San Francisco, CA, a free initial consultation is your next step. Get the information and legal answers you seek by calling our office today at (415) 523-7878.

Aaron Bortel

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