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

Why Hire A DUI Attorney Who Understands Different Standardized Field Sobriety Tests?

Over the years DUI laws have developed along with the case law to be completely against someone arrested for DUI. The law is against them everywhere they turn and it is just not in their favor, so it would be very difficult to flat out beat a DUI case. In most cases it would be easier to get charges or the sentence reduced because DUI cases are tough to beat. If we are able to beat them, whether through a motion to suppress the evidence or a trial or showing that things were not complied with properly or machines were not working or any other reason the blood test was not properly given or the process used to analyze the blood and get a result was not in compliance with the law, then those would be very difficult defenses which is why the person would need an experienced DUI lawyer who knew what all the defenses are. A client may call me up and tell me what happened and then what he thought should happen after that, but then I would have to tell him that they had made a great analysis, however this is how I saw their case. I would know a lot more about it once I had seen the reports and the analysis, the investigation had been done and we had all the evidence. We would need to know what defense would work and we would usually be using one or maybe two defenses. It would not usually work to just try everything and see what sticks.

What Is The Difference Between A DUI Attorney And A Regular Attorney?

Most attorneys would have no idea about all the different defenses that exist or how to implement them regarding when an expert witness might be needed like the forensic toxicologist or when we might need to subpoena an officer for something. As compared to criminal defense attorneys who handle DUI cases, most attorneys would not understand certain things about the preliminary alcohol screening device and how sometimes bringing it into evidence at a DMV hearing may help set up a defense for rising blood alcohol or something like that where we could get the case set aside against the clients and save their license. They may not realize they needed to subpoena one or two officers, one who had done the coordination of the breath machine to make sure it was working properly and testing it and the other officer would be the one who administered the test to show he did it properly. We would usually try to keep things out, although sometimes we would want to bring them in so it would be important to know the right circumstance. Sometimes, we would have to deal with the three hour rule, where if the person was not tested within three hours of the driving or if the officer could not establish when the person was driving, then we may be able to win the case whether it was in court or at the DMV. Just being able to spot issues would be a huge advantage, which is why the person should want someone who only handled DUI defense or almost exclusively handled DUI defense representing them in court and at the DMV. There would just be so much going on.

How Experienced Are You In Defending DUI?

I go to conferences and lectures all over the country, and I was just at one a couple of weeks ago. Every time I go, I learn new things that I did not know or I learn how to improve my skills in certain areas or come up with new ideas. There is so much to know about DUI defense and there are different areas that are changing all the time. Someone who deals with DUI law all day, every day, like myself and only a few other attorneys in the San Francisco Bay Area would be able to refer clients to someone who is a specialist in an area like dealing with medical review boards or legal review boards or dealing with immigration attorneys. A lot of people have immigration issues, so knowing immigration attorneys who have dealt with a lot of DUI cases and criminal cases would be very helpful. They would just know if the person needed help with their insurance, where to point them or if they needed guidance in dealing with different penalties or guidance in potential rehab whether inpatient or outpatient, all the different connections, where to go, what to do and who to talk to.

I have been doing this for almost 31 years, and not a lot of attorneys deal with just this type of law, so it would better for the client to go to someone who really knew what they were doing and to see how was their reputation was and who had been doing it for a long time, because it could mean the difference between outcomes, good outcomes, poor outcomes or poor versus not so poor. They are all just different levels and possible outcomes of these cases. Everybody has different goals and everybody would love to have their DUI dismissed, but that would not be possible in every case. This would not be possible in most cases but it would be possible enough where it could make a difference.

Why To Hire A DUI Specialist?

A lot of lawyers take on DUI cases and charge a small amount of money but they do not do any work or they simply do not know what to do. They may think they were doing everything they could and even though they were doing everything they could, they would not be properly trained to do it. It would be just like how someone who was going to have brain surgery would not go to a general practitioner to cut them open and work on their brain. The person would go to someone who did nothing but brain surgery and they would try to go to the best surgeon available. Unfortunately, a lot of people want a bargain and when bargaining shopping people tend to get what they pay for, which is why they need to be real careful who they talk to, determine what they know, how long they have doing it, how qualified they are and find someone who they felt comfortable working with and someone who would handle the case themselves and not just hand it off to associates or someone else in the firm. The person should find someone who cared about them and who would take the time to sit down and talk with their clients and return calls and emails and text. They should try to find an attorney who would give them their cell number so they could be reached directly, and who the person could call at nights and weekends when they were available. This is the type of attorney I would want if I were in trouble for a DUI and that is the type of attorney I would recommend anybody in this type of trouble to find.

For more information on How To Choose The Right DUI Attorney, a free initial consultation is your next best step. Get the information and legal answers you’re 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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