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

We Are Open 24/7 And Offer Free In Person And Virtual Consultations.

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

Law Offices of Aaron Bortel

If you refuse a breathalyzer test in Marin County, the police will get a warrant to do a blood draw. When the police pull you over and get you out of the car, they will go through the procedures of field testing. At some point, they’re going to say that you’re under arrest, and that you have to do a chemical test. If your response is a refusal, they will read an admonition, and sometimes they’ll read it a number of times. On our end, we will look to see if they did not follow procedures on the admonition.

If the police decide that you refused the test, in their admonition, they will tell you that they will get a warrant from a judge to require you to do a blood draw if you do not cooperate. Once that has happened, they can forcibly hold you down and do a blood draw.

I see this happen a lot in Marin County. They will hold your arm down, do a blood draw, and obtain the evidence they would have had, had you not refused to take the chemical test after arrest. You’re also looking at the DMV refusal, which means losing your license for a year and not being able to get a restricted license for that full year. As a result, you won’t be able to drive for the next year once your case is finished.

It’s very important not to refuse a case. There are few reasons when refusing is a good idea. Luckily, I have been very successful over the last number of years with my Marin County cases when there is a refusal to take a chemical test and a forced blood draw. I have been able to save driver’s licenses. It takes a lot of work, time, and skill. Sometimes it takes luck. But, I have helped a lot of people over the last few years retain their ability to get a restricted license. Sometimes they can drive with an interlock anywhere, or obtain a restricted license that allows them to go to work and back or to and from a DUI school. The problem with a refusal is that it normally triggers having to do a longer DUI school.

What Happens After Someone Has Been Arrested On DUI Charges In Marin County?

In Marin County, if you are a resident, they will keep you in jail for at least four hours, and then release you. Sometimes, it’s many more hours. It depends on a number of factors. You don’t want to go rushing to get bail bonds right away or put the whole thing up yourself because it’s still going to take a while to get out. Bail shouldn’t take a huge amount of money unless an accident with an injury was involved. If an accident with an injury is the result, it is a felony, then there will be a bail. Also, if you are from another state or from Southern California, they will make you post bail because they’re not if you are going to come back to court.

If you are from the bottom half of the state of California or from another state, as attorneys, we can take care of the court case for you in most cases without you ever having to come back to San Rafael or Marin County. However, bail is something that the sheriff’s department has at their discretion. Luckily, most people who get a DUI are eventually released within approximately four hours. Those who do post bail are usually not given a high amount. They could put it on a card or get a hold of a bail bondsman. With the bail bondsman, you need to typically put up 10%. If you let them know that you have an attorney, they can help us fill out some forms and drop it down to 8%.

In Marin County, the bail amount is usually not too bad on a DUI. In other counties like Sonoma County, they make everybody bail out. They don’t release anybody on their own recognizance. It’s a nice cash cow for the bail bondsman in Sonoma County. They’re making a lot more money than the bail bondsman in Marin County because they’re getting money off of every DUI arrest, regardless of whether someone’s local.

For more information on Refusing A Breathalyzer Test In Marin County, an 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

Translate »
Accessibility Accessibility
× Accessibility Menu CTRL+U