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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Law Offices of Aaron Bortel

In this article, you will learn:

  • Available options to avoid DUI convictions
  • About the DUI diversion program and its benefits

The state of the law in Marin County is constantly changing, along with the options available to those being charged with a DUI. This is why it’s important for anybody charged with a DUI to contact a DUI lawyer like myself who understands the law and the current state of the law. I focus on just DUIs so that I can properly advise those arrested for a DUI.

If you have a lower alcohol level and there is no accident, the District Attorney’s office in Marin County is willing to reduce charges in some cases. Years ago, they weren’t, but recently they have been willing to consider low charges and especially in the last couple of years with COVID, they’ve been more willing. So, getting it reduced to a wet reckless with a lesser penalty can happen in some cases. A dry reckless is pretty much not going to happen in Marin County. It’s just something they don’t like to give out. They prefer to dismiss a case before going that route, and many counties are like that. We could also go to a jury trial and win. If we win, it goes away if we get all 12 jurors to say not guilty. Suppose it’s a hung jury meaning eleven to one or any combination of numbers. In that case, the DA’s office can retry the case the charges that hang, and they very often will do so in Marin County.

The other results could be that I negotiate with the DA’s office, and I am able to show them that there are major issues with the case and trying to get them to dismiss the case, which would be fantastic. The other option before the end of 2021 was a DUI diversion, and you can look at a number of my other videos that are out or any writings on my website or other places where I talk a lot about DUI diversion and how that works. It went away at the end of the year, but a DUI diversion diverted you from the criminal system. It’s a way to avoid a conviction and get your record sealed and destroyed once the period of diversion is over. Basically, you do many things to show that you deserve the diversion.

You would do meetings, therapy, AA, or anything else to help your case. If the judge felt that you are qualified and that you should get the diversion, then you would be on a diversion period of two years where you stay out of trouble, do a bunch of community service, and complete the DUI School. The fine is about $250 instead of $2000 for a DUI, and eventually, the whole thing would be dismissed with a motion once the two years were over. So again, we hope that comes back, but it was very appropriate for first offense DUIs in Marin County and in other counties that have adopted it in the San Francisco Bay Area like San Francisco and Alameda. It was fantastic because this diversion program was getting people to take responsibility from the beginning instead of waiting until their case was over to do self-help. So diversion is a good thing.

DUI diversion leads to less recidivism, and it leads to people who have issues with alcohol or drugs dealing with them from an early time in the process. DUI diversion allows people to get jobs that they might not be able to get, and it helps people with their future and with many families. DUI diversion actually makes our roads safer, which was one of the intentions of the California legislature when they passed the new laws.

For more information on Alternatives To DUI Conviction 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

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

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