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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Law Offices of Aaron Bortel

The charges for this will depend on the severity of the accident. If someone was injured in the accident or if this were a fourth DUI within ten years, you’d be facing most likely a felony charge, and felonies would be punishable by state prison. Depending on the severity of the injury or injuries, we would try and find a way to get a charge like this reduced to a misdemeanor. In accidents, the level of injury makes a case a felony. There are different ways to interpret that, but basically, it’s up to the DA how they want to charge it. You have broken bones, concussions, loss of consciousness and more major injuries that will be felonies.

In many cases, the police department or the CHP, the California Highway Patrol, officers will arrest someone for a felony DUI and then they’ve got to do a felony bail to get out of jail. Then, when the DA’s office gets a hold of these in Marin County, they may decide to charge this a misdemeanor instead of a felony. Marin County is very serious and very tough on DUIs, and I’ve seen many times where they have filed felonies where maybe in another county they might not have been. But I’ve also seen them file misdemeanors where I thought they were going to file a felony. So, what I am talking about here is that when there is an accident and an injury, the potential penalty can and often does increase.

Suppose there is an accident without an injury. In that case, typically, it helps the DA’s office prove impairment because if that case were to go in front of a jury, showing that someone got into an accident shows that they were not necessarily driving with the care and caution of a sober person which is one of the things that we are addressing here to determine whether someone was impaired.

For more information on Multiple DUI Convictions In Marin County, an initial consultation is your next best step. Get the information and legal answers you seek by calling (415) 886-6333 today.

Aaron Bortel

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