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

If a friend or family member contacts you immediately after being arrested for a DUI in Marin County, the first thing you should do is take a deep breath and remember that there is nothing that you can do in that moment. In Marin County and throughout the San Francisco Bay Area, a person who gets arrested for DUI will be brought to the station to perform a breath or blood test. The jail will typically hold them for a minimum of four hours. If they live locally (in Northern California), then the jail will almost always release them on their own recognizance, which means they will be released without bail.

If, however, the DUI involved an accident or injury, then it will likely be considered a felony and bail will be set. At that point, you would be able to work with a bail bondsman or bail them out directly. Bail bondsmen generally collect between eight and 10 percent of the bail amount. If the person arrested for DUI is from out of state or from Southern California, then it is possible that they would be held with bond. Generally, this only happens if the arrested individual is uncooperative or has directed a bad attitude toward the officers.

Most DUI arrests occur late at night; if this is the case, it is not necessary for you to call a lawyer in the middle of the night, since your friend or family member will either post bail or be released on their own recognizance. Once they are released from custody, they should sleep, hydrate, gather their thoughts, and then call a lawyer.

If you are dealing with a DUI charge in the San Francisco Bay Area, I would be happy to help. I would speak to the person who was arrested in order to collect all of the pertinent information regarding the arrest while it is still fresh in their mind. I would also discuss possible defenses to the charge, as well as ways to mitigate the consequences of the charge. Depending on the case, I may need to hire an investigator to assist in the collection of all evidence, including the records associated with the machines used to detect the blood alcohol concentration, video recordings, and audio recordings. Don’t hesitate to call us. We are here 24/7, and if we don’t pick up, someone will be there to take a message from you and we will return your call as quickly as possible.

Who Is Eligible For A DUI Expungement In California?

There are a couple of ways to get an expungement after you’ve been convicted of a DUI in California. Regardless of where you live in Northern California, the expungement would happen in the county where you were convicted. For example, if you live outside of Marin County but were arrested in Marin County, then your expungement would happen in Marin County.

There are two ways to obtain an expungement. The first is to wait until probation is over. In Marin County, a misdemeanor probation for a DUI or a wet reckless typically lasts for three years. At that point, we would file a motion to expunge under Penal Code Section 1203.4. The second way is to try to obtain the expungement before probation is over. We may try this if you have a compelling reason as to why you need the expungement before the completion of probation, such as an immigration-related issue or trouble finding employment. Once 18 months to two years’ worth of probation have been served, we would file two motions: one to terminate the probation early, and one for the expungement.

To be eligible, you must have complied with your probation terms, which may include paying fines, completing DUI school, paying restitution, and completing time in the Adult Offender Work Program (AOWP). If you were to pick up any additional charges, then you would be disqualified from receiving an expungement. This is one reason it is important to apply for an expungement as soon as possible; a new charge could be unexpectedly picked up at any time and preclude you from obtaining an expungement.

How Does A California DUI Expungement Work?

The process of obtaining an expungement in Marin County begins with the attorney completing the necessary forms and drafting a declaration showing that you have changed your ways and are no longer at risk of carrying out the same behavior which led to the DUI conviction. Part of this process will require you to answer a series of questions, which the attorney will use to draft the declaration.

Next, the attorney will file the expungement with the court and the district attorney’s office in Marin County. As long as you have complied with all of the conditions of probation, the expungement will likely be granted. In some cases, a hearing will be necessary in order to clarify a certain issue, but that hearing will usually result in the expungement being granted.

Lastly, the court will send the Department of Justice a notification that they’ve granted the expungement, which is basically a dismissal of the case. Within three to four weeks, the Department of Justice should put that notation into your criminal record, after which point the conviction will not be on your record.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

What Are The Benefits Of Having A DUI Expunged In California?

An expungement can help with prospective employment opportunities, housing, immigration, travel outside the U.S., applying for loans, obtaining lines of credit, and virtually any other scenario where a background check is performed. Once the judge grants an expungement, your record of conviction is replaced with a finding of not guilty and your case is dismissed.

One of the primary benefits of this is that you can legally and truthfully say “No” to the question, “Have you ever been convicted of a crime?” This can be very important, since the disclosure of a criminal conviction will often result in disqualification for an employment opportunity. With that said, application for many professional licenses in California require full disclosure of any prior convictions, including those that have been expunged.

In addition to potential employers, potential landlords and credit reporting agencies often perform background checks. As a result, a DUI conviction could prevent you from being able to rent or buy a house. An expungement can also speed up the process of re-obtaining TSA pre-check clearance (this isn’t guaranteed, but getting the conviction expunged certainly wouldn’t hurt).

How Do I Get An Expungement Before My Probation Is Over For A DUI Conviction In California?

Obtaining an expungement prior to the completion of probation is a two-step process that requires requesting an early termination of probation as well as an expungement under Penal Code Section 1203.4. It is somewhat easy to accomplish this in some counties, and quite tough in others. For instance, if you are trying to get an expungement prior to the completion of probation in Marin County, then you will need to have a very compelling reason, such as an issue related to immigration or the inability to find a job. The district attorney’s office in most San Francisco Bay Area counties are willing to listen and grant these motions, but having a compelling reason is very important; without one, it’s almost impossible to obtain an expungement before the completion of probation.

How Does An Expungement Affect Prior DUI Convictions?

An expungement will not result in the dismissal of any prior DUI convictions. Further, a prior expungement of a DUI conviction will not eliminate that DUI for the purposes of multiple DUIs. In other words, if you received a DUI five years ago that was expunged and you just received another DUI, then your current DUI would be considered your second (not your first). However, for reasons unknown, there have been cases where a prior expungement was overlooked by the district attorney’s office or not discoverable on the Department of Justice national database.

What Will An Expungement Do For My DMV Record In California?

Unfortunately, an expungement will not affect your record at the DMV because the DMV record is separate from the criminal record. A DUI conviction generally remains on a DMV record for 10 years; if it remains on your record for more than 10 years, then you could request that the DMV remove it.

For more information on Bail And Bond In A DUI Case 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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