When you are arrested for a DUI the Officer will ask you to exit the vehicle & question you. Most drivers (and many lawyers), don’t know the Breath Test and Field Sobriety Test (FST), at the scene, are OPTIONAL. These tests can only hurt your DUI case so I recommend you say that your lawyer told you not to take them until they contact Dale Gribow 760.837.8500; dale@dalegribowlaw.com, for his ok! That way you are cooperating and just following a lawyer’s advice.

Hopefully you took a Blood Test at the police station or hospital, as it is often preferable. Many professionals believe with the passage of time the reading will decrease by the time the blood is drawn………..unless the driver just chugged a drink and the alcohol had not yet gotten into the blood system. The average driver is not aware that it takes about an hour for the alcohol to go into your blood stream and an hour to come out…………but now YOU DO! Here is a summary of your 20 SECRET DUI rights:

  1. Field Sobriety and Breath Tests at the scene are OPTIONAL.
  2. If you did not drink for a few hours, request a Blood test at the station.
  3. It takes about an hour for a drink to go in or out of your blood.
  4. A DMV hearing MUST be requested within 10 days of your arrest, or your right to a hearing is lost and your license is suspended 30 days thereafter.
  5. Miranda rights are not as important, because they apply to questioning at the scene or station.  The DA can make a case without anything you say and will just use the FST’s (walk the line, finger to nose etc) and the chemical (Breath or Blood) Tests.
  6. Silence is Golden and Handcuffs are Silver, so DON’T TALK to the POLICE without your lawyers ok.
  7. The correct charge is Driving Under the Influence, not Drunk Driving. You merely have to be Impaired.
  8. The DA may ask for Jail Time on a first time DUI in the Indio Court.
  9. There are alternatives to jail time.
  10. The DA’s have said they will make their best offer at the Arraignment, but is not always true. Aging the case, may be in the client’s best interest.
  1. A DUI is filed as two counts: VC 23152 (a) Driving under the Influence & VC 23152 (b: Driving with a BA (Blood Alcohol reading) of .08.
  2. A DUI requires both a DMV and Court proceeding.
  3. A REFUSAL to take a  DUI test results in a 1 year SUSPENSION.
  4. The 23152 a & b filing gives the DA two (2) bites of the apple.  
  5.  A 23152 (b) only deals with an alcohol reading of .08 or more.
  6.  If you lose the DMV hearing, your license is suspended for about 4-5 months (4 month restriction if no   DMV hearing requested and 5 months if DMV hearing is requested). If you plead in court, or lose at trial, your license is againsuspended by Sacramento DMV…….but you do not have to endure 2 separate suspensions.
  7.  A DUI, Reckless Driving or an At Fault Accident, is 2 points and Traffic tickets are 1 point.
  8.  A License is suspended if the total points is 4 in 1year; 6 in 2 years or 8 points in 3 years.
  9. Traffic School removes a point, however the Ticket remains for Insurance Purposes.
  10. The Indio court only accepts Traffic School AFTER A TRIAL (if the cop does not object).

DON’T DRINK|DRIVE|TEXT

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The “Go-To” Boutique Concierge 10.0/5 Star PI/DUI firm. The limited caseload allows calls to be answered the “old fashioned” way… by Dale. His rich legal and philanthropic career, while protecting the Critically Injured and Criminally Accused, led to over 25 Top Lawyer Awards, 9 Man Of The Year Recognitions, 4 Dale Gribow Days… and awarded “Mr. Charity.”

Before talking/signing anything, get a FREE PI/DUI Strategy Analysis Consultation – 760.837.7500/dale@dalegribowlaw.com!

“Whether your case is accepted, I will direct you. If you don’t need a lawyer I will tell you. After 50 years, I know the best lawyers”

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Upon the advice of attorney Dale Gribow, I exercise my right to remain silent until you contact him at 760.837.7500 or dale@dalegribowlaw.com for his OK. He advises, the VOLUNTARY FIELD SOBRIETY (FST) and BREATH TEST at the scene, are OPTIONAL (unless one is on probation). Thus, I elect not to take them, if that is correct. I want to cooperate and am happy to take a BLOOD TEST. Many believe with the passage of time your reading will go down…unless you just chugged a drink.

Silence is Golden & Handcuffs are Silver. It’s not what you say, but what the insurance company/police, thought they heard you say. They are “NOT on Your Side”; “You are NOT in Good Hands” and “Your Friendly Neighbor” will NOT give you a “Piece of the Rock.”

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