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Aaron Reuben Bortel
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Aaron Bortel’s Answers

185 total


  • Any chance of lowering or dismiss on first DUI with 0.03 under 21?

    I was pulled over for broken tail light and was asked for a chemical test because the officer smelled alcohol. I drank couple of beers in a gathering 2hrs before and I was heading home at the time.

    Aaron’s Answer

    The only way to win is to fight, and for this situation it usually means attacking the machine you blew into. This includes making the other side prove things like the cop was qualified to use the machine, it was working properly at the time you took the test and that it was properly administered. A good dui attorney will have a lot of questions for you and will want to view the police report and any video/audio available. They will also have questions regarding any medical issues, drinking pattern, and possible witnesses. You should be able to get a free consultation.

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  • Do I need a DUI attorney?

    I was arrested for a first time DUI Offense on October 4th, 2013 and blew a .113 on the road. I was told I was swerving on the freeway and I have no prior criminal history.

    Aaron’s Answer

    Your specific question is do you need a DUI attorney. In order to answer that question you should contact a DUI lawyer and get a free consultation. There are so many factors to consider, and an experienced attorney can give you a much better answer with more information. What needs to be reviewed are the police report, video, audio, and machine records. There may be witnesses to interview as well as the road you drove on and the area where you were administered field sobriety tests. There may be a lot more to investigate. The attorney will want to know your drinking pattern, what you ate before and after drinking, and if you have any medical issues which may impact this case.

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  • This is my 2nd offense of a dui charge and it was withing the 3yr dui probation is it worth paying the $125 for the dmv hearing

    is it worth paying the 125 dollars for the dmv hearing?

    Aaron’s Answer

    As long as you or your attorney request the hearing within 10 days of arrest, there is no fee for requesting an administrative hearing with DMV. You should consult with an experienced DUI lawyer who practices in your area to help make legal decisions. You are facing a minimum one year of no driving from DMV for the probation violation, plus potentially longer suspension for a 2nd DUI.

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  • 2nd DUI for riding in a car while the driver was intoxicated.

    Can I be charged with a 2nd DUI if I was riding in the passenger seat with someone who is intoxicated? I have 1 DUI and currently under court probation.

    Aaron’s Answer

    This is a myth or scare tactic that some DUI school instructors have been telling their students for years. The first element the prosecution must prove is that YOU were DRIVING. The

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  • Can I get my DUI blood test results before my court date and can I leave town before then to visit family as long as I'm back?

    I was arrested under suspicion of DUI last night and took a blood test. I have a court date in a month and would like to find out my results before I go to see what legal actions I need to take. Also, I would like to visit my family before then, b...

    Aaron’s Answer

    Sometimes DMV will give your attorney your blood results, but they are usually not ready for a number of weeks. If this is a misdemeanor DUI arrest, you should be able to leave the state. If you are out on bail, check with the bail bondsman, or consult with an attorney who will need more information before giving a more informed answer.

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  • SR-22 and probation questions?

    Plead to a wet reckless one year ago. Paid all fines, finished 3 month DUI school, but never got an SR-22 to reinstate license, mostly due to expected insurance increase and not having any pressing reason to drive. If I go ahead and get the SR-22 ...

    Aaron’s Answer

    A wet reckless conviction does not result in needing an SR-22. However, if you did not win the DMV APS hearing you will need the SR-22 to get the license reinstated. You will need to maintain the SR-22 for three years from when the license is reinstated. The probation from the court case began when you were sentenced in court.

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  • I just found out that I was charged with a DUI. At the time of arrest I had a blood test done. I was released after a,few,hours.

    No papers were signed never received anything in the mail. I was pretty sure my BAC was under .08 evidently I missed a,hearing. What do I do

    Aaron’s Answer

    Check with a DUI lawyer in your county before you go into court. Also, there is a chance your license is currently suspended so have the attorney check that status before you drive anywhere.

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  • When you have blood retested does it typically drop the bac about 1 point....?

    Want to retest blood sample it's been 3 months since draw

    Aaron’s Answer

    Over 90 percent of blood re tests will result in either the same or a .01 lower result. Alameda county has been the exception to this statistic and larger drops happen more often.

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  • Is it possible to get a restricted license to go to and from work after a second DUI?

    First DUI was almost 10 years ago and the second happened about a month and a half ago.

    Aaron’s Answer

    If convicted of a 2nd DUI you will get suspended for two years. After three months you can usually get a license if you have an ignition interlock installed in your vehicle. You will need to keep the interlock (and pay for it) until the two years is up. Until this recent change in the law, you would have a one year suspension (no driving at all) and then could get the ignition interlock installed in your car for the next year.

    Prior DUI's count from date of Arrest. If your new arrest was more than 10 years since your old Arrest date, this would be a first DUI.

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  • Had a DUI, Appeared in court but DA didn't filled charges been almost a year, what should i do? leave it like that....

    As I mention I went to court but the DA didn't filled charges been almost a year and I haven't received anything in the mail . I'm confused don't know what to do ? should I just leave alone or inquire about it ?

    Aaron’s Answer

    Talk with a DUI Attorney who works in the county where you were arrested. Most DUI lawyers will give you a free consultation and look into the status of your case. It is never a good idea to contact the DA's office yourself, and the attorney will most likely check with the court clerk first.

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