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) 886-6333

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Law Offices of Aaron Bortel

Unfortunately for those arrested for DUI in Marin County, most cases are not dropped and most of the time, it is not shown that there was a false arrest. However, by hiring a good DUI lawyer in Marin County who knows what they are doing and who focuses on DUI, an individual has their best chance of getting the best result in their case; whether that means getting charges reduced or dismissed.

DUI cases that are considered false arrests are usually cases that are not charged. For example, the arresting police officer would conduct an arrest, write a report for the D.A., and the D.A. would decide not to file the case. Generally, this happens when the D.A. cannot establish or prove one of the elements of a DUI. Most often, the element that cannot be proven is that the individual was actually driving. If the D.A. cannot prove that the person was driving, then they won’t file the case. Most often, this happens when an arrest is made outside of the vehicle, rather than after a traffic stop. There are many reasons the police might not be able to show that someone was behind the wheel.

In some cases, we will file a suppression motion to show that the cops’ evidence was not sufficient to arrest someone for a DUI. For example, an officer might claim that there was bad driving, but the video footage won’t indicate that. If a judge determines that the officer did not have reasonable suspicion to conduct the traffic stop in the first place, then the evidence gathered during the stop may be thrown out, and the case might be dismissed as a result.

Other times, a case will be dismissed due to the officer not having followed proper procedure, or failing to properly admonish a suspect. In every case, we will examine the breath machines, blood testing procedure, statements, and many other pieces of evidence to try to demonstrate that the D.A. does not have a good case against the client. Unfortunately, in most cases, we are not able to make the case go away, but we certainly try. If we cannot get the case dismissed, then we will try to get the charges or penalties reduced.

Are A Lot Of People Who Are Charged With DUI Surprised That They Are Intoxicated?

A fair number of people end up surprised that they are considered to be intoxicated during a DUI arrest. Often, people will wait to drive until they no longer feel impaired, and end up shocked to hear that their alcohol level was 0.08 or higher. In some cases, the alcohol level will be two or three times as high as the individual would have expected it to be.

Typically, this has to do with tolerance. Even with a quite high blood alcohol concentration, a person with a high tolerance can handle it and feel okay to drive. There are people who are at 0.08 and who are going to be driving a lot better than someone who is at 0.03, 0.04 or 0.05, just because they are used to having alcohol in their system, and their reflexes may not be as bad as someone else who is not used to drinking. That’s what’s harsh about the per se law; it puts everyone on equal footing.

Another factor is that a lot of people might not realize how strong their drinks are being made, or how many they have had. With the rise of craft beers, it’s a lot more common to find beers that are 10 percent alcohol by volume as opposed to just four or five percent, like most beers. As a result, someone might have a few beers, not realizing that the alcohol content is much higher than they assumed.

For more information on False Arrests On DUI Charges In Marin County, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
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