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: San Rafael (415) 520-7182 | San Francisco (415) 520-6815

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End-Of-Year DUI Convictions And How They Affect Your 2026 Insurance Premiums
  • By: Aaron Bortel, Esq.

In this article, you can discover… Whether a DUI conviction in December will impact your January car insurance rates. If a DUI conviction could cause you to lose your insurance coverage. How an experienced DUI attorney can help you mitigate insurance consequences. Will A Conviction In December Affect My Insurance Rates Starting January 1? Your insurance company is not going to know anything about your DUI (unless an accident was also involved) until they run your record when your policy comes up for renewal. Once they run your record, your DUI will show up, and they may raise your rates or even drop you as a customer in response. Having said that, insurance companies do not usually run a renewal-based background check on every single customer, as this would be quite expensive. They will more typically run records for customers who already have quite a few points against their license or who have prior accidents. As a result, you may not see your rates increase or your coverage end for quite some time. Can My Insurer Cancel My Policy Mid-Term… Read More

How Language Barriers Can Lead To Misinterpretations During Field Sobriety Tests
  • By: Aaron Bortel, Esq.

In this article, you can discover… Whether offices are able to conduct DUI stops in multiple languages. The role of a language barrier in your DUI defense. How an attorney can assist you if communication issues impacted your DUI arrest. Are Officers Trained To Handle DUI Stops In Multiple Languages? Officers are not specifically trained to handle DUI stops or administer sobriety tests in multiple languages. Over the years, I have represented many clients who do not speak English. What is increasingly common, especially as technology improves, is clients who do not speak English using Google Translate or similar apps to communicate with officers during a stop. However, if you speak a rare language or dialect not supported by a translation app, clear communication will be more difficult, if not impossible. An officer can not claim that you refused or failed a field sobriety test if you genuinely did not understand the instructions due to a language barrier. Officers are required to make sure that you can understand them before they put you through a field sobriety test, and if… Read More

How Lookback Periods Can Be The Turning Point In Your San Francisco DUI Case
  • By: Aaron Bortel, Esq.

In this article, you can discover… The “lookback period” in the context of California DUI law. The impact of prior DUIs on penalties and sentencing in California. How a DUI attorney can help you mitigate the legal impact of priors. What Is A “Lookback Period” In The Context Of California DUI Law? The technical legal term is “prior ability period”, and this refers to how long California prosecution can go back within your record to locate and attach a previous DUI conviction to your current case. If this is done, it can enhance the potential penalties you’ll face. Within California, this lookback period is 10 years. That means that you could get a DUI nine and a half years ago, then get another DUI tomorrow and be charged with a prior, making your most recent California DUI a “second offense.” This enhances penalties and can make pre-trial conditions much stricter. You could potentially be required to attend meetings, wear an ankle bracelet, or be subject to monitoring even before you’re convicted. If a previous DUI conviction was more than 10… Read More

Understanding The Custody Alternative Program In Marin County: What Are Your Options After A DUI?
  • By: Aaron Bortel, Esq.

In this article, you can discover… The different custody alternative programs in Marin County If you can choose which program you want, or if a program is assigned to you How an attorney can help you apply for the Custody Alternative Program What Is The Custody Alternative Program In Marin County? The Custody Alternative Program, also known as Jail Alternative Services in Marin County, California, is essentially a way to avoid serving actual jail time. When someone is convicted of DUI, a jail sentence is sometimes part of the penalty. This usually happens in cases involving prior DUIs, very high alcohol levels, accidents, or injuries. Typically, a DUI conviction comes with three years of unsupervised probation, though sometimes it can be supervised. The maximum penalty for a misdemeanor DUI is six months in jail, but instead of spending that time in jail, the Custody Alternatives Program allows you to apply through the Marin County Probation Office and complete your sentence in one of three ways: Cognitive Life Skills Course – often used for very short jail sentences. Sheriff’s Work Program… Read More

How To Handle A DUI Arrest When You Are On Vacation In Marin County, CA
  • By: Aaron Bortel, Esq.

In this article, you can discover… How a DUI in California could impact your license out of state. Whether your California DUI case can be handled remotely. How an attorney can be of help if you face a DUI as a tourist or visitor. How Can A DUI Arrest In Marin County Affect My Out-Of-State Driver’s License? The most important thing to know about getting a DUI in Marin County, or anywhere in California for that matter, is not to go tell the DMV in your state about it. Your state may or may not find out about your arrest, and the best way to prevent them from finding out is to purchase SR 22 insurance early on in your case. SR 22 is a high-risk insurance policy that, when obtained, will keep your home state from seeing red flags on your record indicating that you need to open a policy. To prevent your home state from finding out about your DUI in California, it is important to take action and get SR 22 insurance as early as possible. However,… Read More

(Optional) Can A DUI Conviction Affect Your Ability To Get A Mortgage Or Home Loan?
  • By: Aaron Bortel, Esq.

A DUI conviction can have consequences that extend far beyond the courtroom. For many people, one of the biggest concerns is how it might impact their financial future, especially when applying for a mortgage or home loan. In this article, we address… Whether lenders consider criminal records during mortgage applications. Whether a DUI might impact your credit score directly. How to strengthen your chances for loan approval after a DUI. Do Lenders Consider Criminal Records During Mortgage Applications? Lenders can conduct background checks and may see a DUI on your criminal record. Whether it affects your application depends on the lender, but reliability is a key factor in loan approval. From a lender’s perspective, they are evaluating whether you are likely to make consistent, on-time payments. A DUI (especially multiple DUIs) or a broader criminal record can raise concerns about reliability. In most cases, a single DUI will not automatically prevent you from getting a mortgage. However, it can create complications, and in some situations, it may require working with different lenders to find the right fit. This is one… Read More

Can You Be Arrested For DUI While Driving A Rental Car In Marin County?
  • By: Aaron Bortel, Esq.

In this article, you can discover… Whether the rental company will be notified of a rental car DUI arrest. If the rental company will expect you to pay for any damage to their vehicle. Common mistakes to avoid if you’ve been arrested for a DUI in a rental car. What Happens To My Rental Contract After A DUI Arrest? While every rental company is different, in most cases, the contract that you signed with the rental company will be voided if you’re arrested for a DUI while driving their car. This means that you are no longer permitted to drive that vehicle, and that you may be liable for any damage to property or people that resulted from your DUI. Typically, you will find yourself in jail for the DUI charge. The rental car will then be towed away, but you won’t be able to get the car out of impoundment because it’s not in your name. In most cases, the rental company will have to come and retrieve the vehicle. You won’t be allowed to use or drive the… Read More

Can A DUI Charge Be Filed In Marin County Days Or Weeks After The Initial Traffic Stop?
  • By: Aaron Bortel, Esq.

Being released after a traffic stop can feel like the situation is over. But in some DUI cases, charges can still be filed days or even weeks later. This article explores… How and why DUI charges filed later in California can occur. What delays may mean for your case. Steps you should take to protect yourself during that waiting period. Is It Possible To Be Charged With DUI After Being Released At The Scene? People are released at the scene very often in DUI cases. Depending on the county, you may receive a citation with a notice to appear, or that notice may come later. During COVID, this happened more frequently because officers avoided transporting individuals to jail. But generally, when someone is released at the scene and still expected to face a court case, officers will often arrange for someone to pick them up. In most of those situations, the person has already been cited and given a court date. There are occasional cases where someone is released without receiving a citation. In those situations, follow-up may occur, such… Read More

Important Information About Ignition Interlock Exemptions In California
  • By: Aaron Bortel, Esq.

In this article, you can discover… How California determines who is eligible for an ignition interlock device. Whether you can continue to drive work vehicles without an interlock device. How an experienced attorney can help you navigate an interlock device exemption. How Can I Qualify For An Ignition Interlock Device (IID) Exemption In California After A DUI? Before we discuss the exemption of ignition interlocks, it is important to address when you would need an ignition interlock device. Typically, you will be required by the court to use an ignition interlock device if you are convicted of multiple DUI offenses. Some Courts in counties other than Marin will require an ignition interlock after the first offense if your blood alcohol level is too high. There are waivers that can be filed if you do not own a car, which is the most popular way of gaining an ignition interlock exemption. However, this can often simply prolong the inevitable, as you will still be required to serve your ignition interlock time if you get a car and wish to be licensed… Read More

How DUI Charges Affect Commercial Drivers In Marin County, CA
  • By: Aaron Bortel, Esq.

In this article, you can discover… How a DUI can impact your commercial driver's license in California. Whether there are penalties for refusing a breathalyzer test as a commercial driver. How a DUI can impact future career opportunities as a commercial truck driver. How A DUI Can Affect Your Commercial Driver’s License (CDL) In Marin County, CA? Nothing will happen to your driver’s license immediately after being arrested for DUI in Marin County. From the moment of your arrest, we will have 10 days to request a hearing with the DMV, which will give us time to make an effort to save your license. We will also need to win the court case in order to get your charges reduced, but the most important component here is winning your DMV hearing. In the event that we are unable to win your hearing with the DMV, you can expect to have your license suspended for a minimum of one year. The length of suspension can vary depending on whether or not you have any prior DUIs, but your commercial license will… Read More

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