Contrary to what most of us think, Cinco de Mayo is not Mexican Independence Day…it is September 16…Diez y Seis de Septiembre! But it matters not. Instead of thinking about Mexican Independence, some Coachella and Stagecoach locals and visitors, are also trying to obtain freedom.
I’m talking about getting out of the Indio Jail or JFK/Eisenhower, or Desert Regional, after their DUI arrest or not at fault traffic accident. Yes, it can be dangerous leaving Coachella or Stagecoach, with so many “impaired” from drinking or “using” in the sun.
A DUI arrest requires dealing with jail and the costs, stress, court time and classes etc…a traffic accident is similar. Of course, Kentucky Derby day, results in the same scenario…more arrests/traffic accidents, injuring the innocent, and necessitating a Monday call to my office.
To understand a DUI, remember, you don’t have to be drunk…”just impaired”. One Tequila shot won’t do it, but several may. It is NOT the number of drinks, but rather the amount of alcohol in each drink.
Last year, I had a 21 year old boy arrive with his mom for a DUI. He swore he only had one drink, which clearly could not have caused the high reading. We believed him.
I asked if he used a red Costco cup, filled it with Vodka, topping it off with OJ? He said yes. I explained he had 12 oz’s of Vodka, which was the same as 12 drinks. Oh! he exclaimed.
The correct charge is 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. Police look at the Preliminary Alcohol Screening (PAS) Breath Test at the scene and the Breath/Blood test at the station.
This article references a 5 (Cinco de Mayo) and 2 (as in 23152). 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 were able to drive 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.
As of May 5, 2023, it’s called a 23152 (a & b), thus allowing the DA to file two counts. One is Driving under the Influence and the second count is Driving with a Blood Alcohol level of .08 or more. Many juries “split the baby”, and find the driver innocent of one count and guilty of the other. A guilty verdict on either count is a DUI, with the same sentence.
In California, you are under the influence if your ability to drive is impaired. Impairment occurs when your blood alcohol reading is .08 or higher. 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 DUI charged, you don’t need some random 800 number lawyer. You need a hometown attorney. An attorney focusing on DUI law here in the CV. With a DUI, don’t take a chance with remote, out-of-town legal representation. Choose Dale Gribow, practicing in Palm Desert for over 25 years.
You may incorrectly think that once you blow into the breathalyzer the game’s over. But it’s not. 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.
DALE GRIBOW Attorney at Law
Representing the Seriously Injured and Criminally Accused
Successfully defending the rights and dignity, and obtaining, the best results possible, for PI/DUI Clients for over 30 years.
DO YOU WANT A LAWYER THAT IS COMPETENT, QUICK OR CHEAP…PICK 2,
BECAUSE YOU CAN’T HAVE CHAMPAGNE TASTE, ON A BEER BUDGET
A Placekicker, like a Lawyer, is not important until you need him/her!