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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Law Firm of Aaron Bortel

What Information Should I Share With My DUI Defense Attorney?

An individual should provide their DUI lawyer with as much information as possible, including the details of any prior charges or convictions for DUI, potentially problematic statements made to the police, and the presence of potentially important witnesses. Since the price I will quote a client will be based on the circumstances of the case and the client’s history, omitting important information will not help anyone. Many people might feel embarrassed about their criminal history or DUI charge, but they should know that anything they say to a lawyer is confidential under attorney-client privilege. It will only harm a person’s defense to omit details about the case, and full transparency and trust between a client and their attorney is critical. Every client should feel comfortable being honest with their attorney and should feel as though their attorney truly cares about them.

I always ask clients whether or not they are on any medications or have a history of certain medical conditions, as such information can be helpful in building a defense—particularly if the client failed the field sobriety tests or breath test. For example, gastric reflux could alter a breath test result, and an injury could impair a person’s ability to pass the field sobriety tests. In some cases, prosecutors will push for a conviction even if an individual took a legally-prescribed medication which they did not anticipate would impact their ability to drive.

It’s really important to inform a DUI lawyer of everything that might potentially be relevant to the case at hand. While I don’t expect clients to speak with me every day or even every week, it is helpful when they get back to me within a day or so of being contacted by me. If someone has plans to go on vacation or leave town during the pendency of their DUI case, they should inform their attorney of that so that court dates and hearings can be scheduled accordingly.

At What Point In My DUI Case Will I Have To Enter A Plea Of Guilty Or Not Guilty? Will My DUI Attorney Have All The Evidence Before We Make That Decision?

In most cases, I will go to the first court date on behalf of my client and enter a plea of not guilty. At that point, I will obtain the police report, and over time I will continue to collect discovery, which is additional evidence (e.g. video footage, audio recordings, blood or breath test results, witness statements, and records from the machines which were used to test my client). My goal is to obtain and review every bit of information available in order to help my client make an informed decision about how they want to move forward in the case. Throughout this process, we may find information that allows for the charge to be reduced, or for the case to be dismissed altogether. Alternatively, my client may decide to take the case to trial, in which case I will inform them of all of the necessary considerations and preparatory steps.

For more information on Sharing Information With My DUI Attorney, 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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