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

Anyone who gets arrested for DUI by California Highway Patrol, local police departments, or sheriffs in California will have their California driver’s license taken away (if they have an out-of-state driver’s license, it will not be taken away) and will be given a pink sheet.

The pink sheet is an admin per se suspension order which takes the place of the driver’s license and is valid for 30 days. This means that a person who has one of these pink sheets can drive unrestricted for 30 days. However, it is critical that the individual contacts a DUI lawyer and requests a DMV hearing within 10 days of the arrest.

While the individual can request this hearing on their own, it is best to have a DUI lawyer do it because the lawyer will know which hearing officer will give them the best chance of winning the hearing. DMV hearings are held at the San Francisco Driver Safety Office, located at 1377 Fell Street. Currently, they are being held over the phone, but at some point, they will be held in person again.

Once the DMV hearing has been requested, the DMV will send the defendant a piece of paper which will serve as their new temporary license. This will allow the defendant to continue driving until the DMV hearing, at which point their driving privileges will depend on the outcome of that hearing. Often, it takes several months and sometimes even a year before an outcome is reached.

During the post-arrest phase when a defendant is waiting for hearings and court dates, they can request a duplicate license from the DMV. I have received assurance time and again from the DMV that there is nothing wrong with this; after all, the government wants people to have a valid, hard copy driver’s license. That said, it’s important for people to be honest and upfront about the DUI arrest and explain that they have been told they’re eligible for a duplicate license. In most cases, there will be no issue, but occasionally a DMV location will not issue one.

If the DMV hearing is lost or the defendant is convicted and their license is suspended, then they will need to return the duplicate hard copy license to the DMV.

Can I Win A DUI Case In Marin County? Is It Even Worth Trying If I’m Probably Going To Be Convicted Anyway?

The new diversion law is an absolutely fantastic way to avoid a DUI conviction. In Marin County, defendants can be diverted out of the criminal system on a first offense, and sometimes even on a second offense. It’s important to understand that this is a new law, and it is liable to change at some point.

The first step is to determine whether there is a way to win the criminal case, which involves considering whether the district attorney in Marin County can meet their burden of proof. In other words, can they prove that the defendant was indeed the driver of the vehicle, and that they were impaired by alcohol and/or drugs, or had a blood alcohol concentration of at least 0.08? To answer these types of questions, we will investigate all of the evidence, including police records, chain of custody reports for the blood sample (when applicable), maintenance, calibration and accuracy records for the testing machines, and video footage.

Fewer than half of the counties in California have been following the new legislation that suggests DUI offenders are eligible for diversion, but Marin County is one of them. If someone is charged with DUI in Marin County and files a diversion motion quickly enough, they will likely be able to avoid a DUI conviction. It is definitely worth hiring a lawyer who can assist in this process.

Being granted DUI diversion means avoiding a permanent criminal conviction and saving thousands of dollars. It will help all areas of a person’s life and future, but will require taking certain steps, like attending DUI school and performing community service.

For more information on DUI Defense In Marin County, a free initial consultation 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
Text Us Now: (415) 799-3419

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