Aaron R. Bortel

We represent people accused of DUI (Driving Under the Influence) in Superior Court and at the DMV (Department of Motor Vehicles). We have offices in Marin (San Rafael) and San Francisco, with a majority of our cases in Marin, San Francisco, San Mateo and the Wine Country.

With over 28 years experience, Aaron Bortel is one of the only Attorneys in the Bay Area that dedicates his criminal law practice exclusively to fighting for the rights of those accused of Driving Under the Influence. We represent clients on misdemeanor and felony DUI charges. Often those charges can include hit and run, driving on a suspended license, driving under the influence of marijuana or prescription or legal/illegal drugs, speeding and other California Vehicle Code violations.

Our cases include under 21 DUI, zero tolerance and Drunk Driving probation violations. We conduct Administrative Per Se (APS) hearings for clients on most DUI cases.

Once hired we contact the DMV for our clients to request and later conduct the Administrative Per Se DMV Hearings. While the Court and DMV cases are going on in most instances our clients can remain driving, usually for many months. A loss of license will usually only occur if there is a DUI Conviction in Court or a DMV Hearing Suspension occurs after the APS Hearing.

Our years of experience with DMV have helped many clients save or regain their licenses after being accused of DUI, Lack of Skill, Negligent Operator, and Physical and Mental issues. In many cases we are able to take care of all the Court and DMV appearances without the client needing to attend.

We have helped clients with Bay Area DUI arrests who do not live in the Bay Area. Many of our clients live in Southern CA, out of State or outside the US. Many of our clients have professional licenses and we have helped guide them from day one on what needs to happen to maintain those licenses.

We offer a Free Consultation and you can contact us 24/7.

Golden Gate University School of Law

J.D. (1992) | Law

1989 - 1992

University of California - Santa Barbara

B.A. (1988) | Law and Society

1984 - 1988

Owner

Law Offices of Aaron R Bortel

1992 - Current

DUI Defense, MCLE lecture

January 1, 2009

DUI's, FST's, Breath Machines, Medical defenses and other related DMV topics. Demonstrations conducted on unreliability of Alco Sensor IV breath machine and problems with other alcohol detecting breath devices.

DWI Detection and Standardized Field Sobriety Testing, DWI Detection and Standardized Field Sobriety Testing

January 1, 2018

Certificate of Completion - Mastering Scientific Evidence in DUI

Texas Criminal Defense Lawyers Association and NCDD

2005

Distinguished

Martindale-Hubbel

2019

Peer Rated for High Professional Achievement

A+

Better Business Bureau

2019

Since 2008

BV Rated

Martindale-Hubbel

2010

Selected 2006 - 2010

DUI Defense Lawyers Association

Member

2018 - Current

DTLLL

Board of Directors

2010 - Current

National College for DUI Defense

Member

2003 - Current

Marin Community Food Bank

Board of Directors

2003 - Current

Activities: President 2007-2009

California DUI Lawyers Association

Member

1998 - Current

California

State Bar of California

ID Number: 160288

Since 1992

• Free Consultation
• Credit Cards Accepted

Q. I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

March 15, 2023

A: A suppression motion under Penal Code section 1538.5 can be brought and we would get a hearing in the legality of the stop and arrest. The arresting officer would need to get on the stand and testify and we get to cross examine them on the procedures and legality issues.

The forced blood draw could be problematic with DMV as it will carry a one year suspension in a first DUI.

Q. Should I reinstate my license at first opportunity or wait for my court date?

November 5, 2021

A: This is a question that needs to be discussed with your attorney as they have information about your court case that we do not possess. Under current DMV procedure, you do not get credit for APS IID restriction time if you later get convicted in court and DMV gives you a Mandatory Suspension. If the court conviction is a wet reckless on a first offense DUI there should be no additional IID required. However a first offense DUI Conviction will result in another 6 months of the IID once you get the IID license reinstated. Your other choices would be six months of straight suspension or 12 months of work restricted driving after a month of no driving.

The best court results would be dismissal, not guilty verdicts or a diversion. Diversion for DUI's is now being considered/granted in some counties in California. All of these results would not require additional license suspension/restriction times. ... Read More

Q. If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

October 18, 2021

A: In most cases you will be facing both charges in court and suspension from the CA DMV. Make sure you or your lawyer contacts DMV within 10 days of arrest to preserve your CA driving privileges while the Administrative Case is challenged. DMV uses a code system and if it picks up the out of state conviction through the interstate compact then a code 17 will show up on your CA driving record. Recent changes in DUI law for 2nd DUI's allow for obtaining an ignition interlock license in CA without serving a no driving suspension if the DMV Administrative case is not won. Depending on the County, Court and Judge, you may be able to get a Diversion on this case which some jurisdictions now recognize under new CA law. This means if your case cannot be won at DMV and in Court, you may still be able to keep driving with an interlock device and avoid a criminal record in CA. Contact a DUI lawyer who works in the county of your arrest to discuss your case and options. If diversion is possible, it will take a lot of self help work on your part to get it done. ... Read More