At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Appeals are currently pending, which will hopefully reverse that decision to exclude DUIs from diversion. If successful, diversion would once again be applicable to DUIs 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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If someone successfully completes DUI diversion, there will be no conviction on their record. It is unclear whether the arrest record will still show up, but the hope is that it will not.

Will My Attorney Handle The Driver’s License Hearing For Me?

Whether the attorney will handle the driver’s license hearing for their client will depend on the particular attorney. Some attorneys aren’t familiar enough with the process to provide their clients with the right information. However, there are a small handful of experienced DUI lawyers in Marin County who will handle everything.

If someone represents themselves, then they will have to handle the DMV hearing on their own. I do not advise this, because most people don’t understand the rules and regulations that apply to administrative per se law.

As long as a client contacts me within 10 days of their DUI arrest, I can request the DMV hearing and prepare for it. In most cases, I do not need my clients to testify or even attend these hearings. I will take care of everything and ensure that important dates are not missed. In order for clients to have the best chance of success, the best thing they can do is follow my instruction, which usually isn’t terribly difficult. All of my clients can email me at any time, and will have my cell phone number, so they can text or call when they need to. I am usually very easy to get in contact with.

Is There Any Chance Of Saving My Driver’s License After Getting Arrested For A DUI In Marin County?

There is absolutely a way to save one’s driver’s license after getting arrested for a DUI in Marin County. If the DMV and court cases are won, then there will be no consequence to the driver’s license. On a first-offense DUI drug case, like a marijuana case, the DMV typically won’t suspend the driver’s license.

If the court grants a DUI diversion, we will still have to deal with the DMV case. If the defendant was well over the legal limit of 0.08, then it may be more difficult to defend the case. If the DMV does end up suspending the license after the hearing, we would be able to help the client get behind the wheel again almost immediately with a restricted license, and by fulfilling certain requirements, like having an ignition interlock device installed in their vehicle. Depending on the alcohol level, a person who has lost their license following a DMV suspension may need to have the ignition interlock device for four months, or will be prohibited from driving at all for anywhere from one month to four months, followed by five months of restricted driving.

If a person receives a DUI conviction instead of a diversion, then they will likely have to have the ignition interlock device for six months, or they can choose one month of no driving followed by 12 months of work restricted driving. Alternatively, they might be prohibited from driving at all for six months, followed by a license reinstatement after the completion of certain requirements.

The ability to drive is critical for most people, especially those who need to get to work, run errands, and take their kids to school; the restricted license allows for this. To obtain a restricted license, whether it’s work-restricted or interlock-restricted, the individual must be enrolled in DUI school and have SR-22 insurance. The ignition interlock device would need to be installed in their vehicle, and they would need to bring their proof of installation of the IID to DMV. There is also a reissue fee to get any restricted license.

It’s very important to hire an experienced DUI lawyer to help with all of these steps, because doing it without the help of a lawyer will definitely result in longer delays and suspension periods. It’s wise to hire someone who deals with these cases on a daily basis.

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

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Call Us 24/7: (415) 886-6333
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