By Dale Gribow
MOST DRIVERS DO NOT KNOW THAT YOU CAN BE ARRESTED FOR A DUI WHEN YOU ARE NOT DRUNK? The TERM DRUNK DRIVING IS OFTEN MISTAKENLY USED INTERCHANGEABLY WITH DUI BY THE PUBLIC. The Terms DRUNK DRIVING/IMPAIRED DRIVING/BUZZED DRIVING AND DUI ALL refers to the same offense… In other words you do not have to be drunk. You merely have to be impaired or buzzed.
But I bet you did not know there are different stages of drinking? THE LOWEST LEVEL referenced on a police report is “HAD BEEN DRINKING” (HBD). After A LITTLE MORE ALCOHOL THE DRIVER COULD BE DRUNK, UNDER THE INFLUENCE/IMPAIRED/ BUZZED/PLASTERED, FACED and DEUCED.
The Legal Term Deuced is used BECAUSE the DUI CHARGE has historically ENDED WITH A Vehicle Code (VC) section ending in a 2. Initially it was called a 502. Then it was changed to a 23102, AND NOW the charge is 2 counts i.e. 23152 a & b, of the VC.
WITH ENOUGH ALCOHOL ONE BECOMES “DRUNK/UNDER THE INCLUENCE/IMPAIRED/BUZZED PLASTERED, FACED (AS IN SHIT FACED) AND DEUCED” but you do not need to have reached that stage to be arrested and convicted of a DUI. THE CORRECT TITLE for a DUI is NOT DRUNK DRIVING as YOU DO NOT HAVE TO BE DRUNK. YOU MERELY HAVE TO BE UNDER THE INFLUENCE, IMPAIRED or BUZZED. The DA’s experts will testify being Under the Influence takes place when the Blood Alcohol (BA) level is .08 or higher. In the Indio court they even file .07’s.
The DA wants to be sure of a conviction and not have the jury dismiss the DUI because the jury determined the driver was not drunk.
Thus the DA now files not only a DUI count but also a 2nd count of Driving with a blood alcohol level of .08 or higher. That way the likelihood of a conviction of one count is dramatically increased. The jury thinks they are doing the driver a good deed by “splitting the baby” and finding the defendant guilty of only one count. Non lawyers do not realize that the same sentence applies for a plea or conviction of 1 or 2 counts.
Thus there are at least two counts filed on almost every DUI arrest. If the reading is .15 or higher that kicks in an enhancement filing by the DA and a more severe sentence by the court. The DMV however requires .20 to increase the penalty.
So I hope you DO NOT get Behind the Wheel during this upcoming holiday season and meet Riverside County’s finest. If you do get stopped remember to follow what I have on the back of all my cards.
If you have ideas for a future columns please contact me at 760-837-7500 or firstname.lastname@example.org.
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN CALLING ME”
“TOP LAWYER” – Palm Springs Life 2011-2017 (DUI and PI)
“TOP LAWYER” Inland Empire Magazine November 2016
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