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: (415) 886-6333
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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 be suspended for at least a year if you fail to win your DMV hearing.
If you’ve gotten a DUI in your personal vehicle, you will retain your ability to drive your commercial vehicle as long as we request an administrative hearing after you’ve been arrested. You can also keep driving your personal vehicle until there is either a conviction of DUI in court or a suspension at the DMV for a non-win in your hearing. If either of these things happen, and unfortunately, they do from time to time in DUI cases, you would be privileged to drive a commercial vehicle on a first offense.
However, there are a variety of restricted licenses you can apply for, depending on your situation. Some of the most common restricted licenses are alcohol interlock licenses and work restricted licenses. An alcohol interlock system can be acquired almost immediately, whereas a work restriction requires one month of no driving.
Depending on your circumstances, you may also need to enroll in a DUI school in order to obtain a restriction license. You will also need to have SR22 insurance for high risk on your person to receive an immediate alcohol interlock system, which can help you retain your ability to drive. However, it is important to note that you cannot drive your commercial vehicle during your one-year suspension and that a second DUI could lead to a lifetime suspension of your commercial license.
Attorney Aaron Bortel is a seasoned lawyer based in Marin County, CA who has helped countless clients just like you navigate the intricacies of handling a DUI conviction as a commercial driver. With three decades of relevant experience, he is prepared to assist you in navigating your case so that you can return to work and provide for your family.
Still have questions? Ready to get started? Contact the Law Firm of Aaron Bortel today to schedule a free initial consultation.
Refusing to be tested after your DUI arrest can lead to a one-year suspension of your ability to drive, both personally and commercially. However, this does not apply to the preliminary test, and you will only be penalized if you refuse to be tested after you have been arrested.
Your commercial driver’s license, also known as your CDL, will be suspended for one year after your first offense. If it is your second suspension or conviction of your CDL, you could be looking at a lifetime ban.
As long as you are not refused, you can apply for a restricted class C license during your suspension. However, a conviction in court will lead to a minimum one-year suspension of your CDL.
This is true. If you or your attorney can request an administrative hearing within 10 days of your arrest, you can receive an extension of your full license. This allows you to drive both commercially and non-commercially, but your license will go back into suspension if you either lose your hearing or are convicted in court of a DUI.
Assuming that you are fired by your company for a DUI, you may run into some difficulties, as most trucking companies don’t want to hire anyone with DUIs on their record for insurance reasons. Every company is different, so you might get lucky, or you might need to take a job with a company that doesn’t entail driving and work your way back up.
With that being said, it’s not uncommon for smaller companies to have less restrictive policies, meaning that they may be more lenient if they are in need of reliable drivers. You may find it easier to get hired by other companies a handful of years down the road, but ultimately the wisest course of action would be to avoid DUIs altogether, especially if you have a commercial license.
Once you have successfully completed a three-year probation on a first offense, you can get your DUI expunged. However, the DUI will still remain on your record with the DMV which can be seen by employers. Unfortunately, there is nothing we can do about this. Additionally, even if your charge is expunged, your criminal record will still display an arrest, a conviction, and eventually a dismissal.
While this allows you to tell potential employers that you do not have a conviction, they are still able to see that the conviction was made and eventually dismissed. Effectively, your DUI can be expunged, but potential employers will still be able to see that you were convicted.
As it relates to commercial drivers, a second offense is treated like a second offense, often meaning that there are greater consequences. On top of higher fines, an 18-month DUI school is required rather than the 3-month program for a first offense. Additionally, potential jail time of up to one year and a variety of commercial driving penalties can come with a second offense.
The most important of these consequences are the implications that a second offense can have on your ability to drive a commercial vehicle. A second offense is essentially the death penalty for commercial driving, as you will be put on notice and need to go into a different field. The unfortunate truth is that a second DUI conviction will end your commercial driving career.
There are many things that a DUI lawyer can do for you, and we start as soon as we are hired. Qualified attorneys can contact the DMV on your behalf to request an administrative hearing within 10 days of your arrest. This can keep you driving for a number of months while your attorney fights for your case at the DMV and in court.
While they may not all apply to everyone, DUI lawyers have a number of defenses that can be used to defend your case. For instance, your lawyer could use a medical defense or a rising blood alcohol level defense on your behalf or argue police misconduct if you feel that you were wrongfully arrested without significant cause. Additionally, the devices used to test your blood and breath for alcohol can be faulty, making for a strong defense if they were not implemented properly.
Working with a lawyer does not always guarantee success, but I would highly encourage anyone facing a DUI case in Marin County to work with an experienced attorney. There are a number of defenses that can be used to save your license and reduce your charges, so it is best to work with a legal representative who can help you minimize the damage of your DUI. This does not always mean your results will be better, but you will have a strong legal advocate who can give you a far better idea of what’s going on.
Still Have Questions? Ready To Get Started?
For more information on DUI Laws For Commercial Drivers In Marin County, CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.
Attorney Aaron Bortel is a seasoned lawyer based in Marin County, CA who has helped countless clients just like you navigate the intricacies of handling a DUI conviction as a commercial driver. With three decades of relevant experience, he is prepared to assist you in navigating your case so that you can return to work and provide for your family.
Still have questions? Ready to get started? Contact the Law Firm of Aaron Bortel today to schedule a free initial consultation.
