Yes, that’s true. Cinco de Mayo is not the Mexican Independence Day…It is September 16. But it matters not, as the issue is not drinking and driving. No-one wants to be arrested for a Cinco de Mayo/September 16, DUI and dealing with jail, costs, stress, time wasted in court and classes etc. However to understand a DUI, please understand you do not have to be drunk. One Tequila shot won’t do it but several may.
The correct charge is a Driving Under The Influence (DUI). You merely have to be Impaired; Under the Influence; or Buzzed from alcohol and or a drug. Depending on a number of factors, several Tequila’s may do it. A DUI is determined by the Preliminary Alcohol Screening (PAS) Breath Test at the scene or the Breath or Blood test at the station.
A DUI has always been called a DEUCE. This is because the Vehicle Code violation has always ended in a 2 and thus Drunk Drivers are referred to as “Deuced”. A DUI was initially called a 502 requiring a .15 reading and next was called a 23102 …needing a .10 reading.
Some juries returned not guilty verdicts thinking the driver was not DRUNK because they drove without getting into an accident. Defense lawyers argued to the jury that the driver complied and produced their driver’s license and insurance when asked and the driver did not fall down while exiting the car.
Today it’s called a 23152 (a & b), allowing the DA to file two counts. One is Driving under the Influence and the second count is Driving with a BA level of .08 or more. Many juries now split the baby and find the driver innocent of one count and guilty of the other. If there is a guilty verdict of either count, it is a DUI with the same sentence.
In California you are under the influence if your ability to drive is impaired. Impairment takes place when your blood alcohol reading is .08 or higher with either the Breath or Blood test at the station. Thus, if you are driving on a California road with .08 or higher the burden of proof almost reverts back to you, to show that you weren’t under the influence and/or your blood alcohol was not .08.
Sooo, if you’re charged with a DUI, you don’t need some random 800 number lawyer. You need a hometown attorney; an attorney whose practice focuses on DUI law here in the CV. If you got a DUI, don’t take a chance with remote, out-of-town legal representation. Choose Dale Gribow, based right here in Palm Desert for 25 years.
You may incorrectly think that once you blow into the breathalyzer the game’s over. But it’s not. And with experienced legal defense, you can assert your rights. So if you’re looking at a bad DUI that could haunt you for the rest of your life, don’t gamble with some out-of-town 800 number attorney.
I look upon my job as protecting the Constitutional Rights of every American who drinks, drives and gets arrested for a DUI or has an ACCIDENT.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
SUGGESTIONS FOR FUTURE ARTICLE? CONTACT DALE GRIBOW 760-837-7500/ dale@dalegribowlaw.com.
DALE GRIBOW
REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-20
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“PREEMINENT” Rating – Martindale Hubbell Legal Directory
BEST Attorneys of America -“Rue” (Limited to Top 100 Attorneys per State)
Legal Eagle “Best and Brightest Legal Minds” by Palm Springs Life- June 2016
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”
