By Dale Gribow
On Sunday March 13 while enjoying the #1 male and female tennis players the fans in front of me were talking about the DUI they got over the weekend. I asked what happened and they explained. It turns out they did almost everything wrong.
21 things to know if stopped for DUI:
1. Advise officer you would be happy to talk but your attorney has advised you not to talk without his permission. Request they contact attorney Dale Gribow (760 837-7500 or dale@dalegribowlaw.com) for an okay. They won’t call but it gives you an excuse for remaining silent.
2. The Field Sobriety Test at the scene is Optional. OPT not to take the FST (walk the line, finger to nose, alphabet etc).
3. The Breath test, at the scene, is optional (unless on probation) – Elect not to take it.
4. Cooperate and take a Blood Test.
5. Remain silent……(Silence is Golden and Handcuffs are Silver).
6. Remove social media sites as Police investigators obtain your information on Facebook.
7. Your attorney must call DMV within 10 days to save your 30 day license suspension.
8. STAY request freezes the suspension after 30 days thus saving your license until conclusion. The White Temporary Driver’s License is valid until date.
9. Request DMV ID card & record.
10. There are constitutional rights issues at many DMV hearings but refusals are used to argue guilt.
11. DMV hearing officers are both judge and prosecutor.
12. DA must meet burden of proof on all issues or you win.
13. DUI creates a Court/ DMV hearing & one does not affect the other. A DMV license suspension is 4 months & 5 months if restricted license is requested.
14. If court plea is entered before the DMV hearing, though no immediate license suspension, when the court notifies Sacramento DMV your license is suspended. Attend DUI classes, file SR22 and pay reissuance fee for license return.
15. DMV issues 6 month Order of Suspension after plea but unlike a San Bernardino DMV Hearing Suspension, you can request a restricted license by paying $55 to reissue a license and $15 for the restricted license and show proof of DUI class enrollment. This DMV action is triggered by the court plea.
16. DMV usually precedes court resulting in unfavorable suspended license ruling, but after 30 days request a restricted license.
17. Probable cause to stop or contact you and chemical test validity is primary of the 3 issues.
18. DMV is PER SE Hearing and if .08 you are per se guilty and Burden of Proof technically reverts to the driver.
19. Our clients don’t testify at DMV because hearings are arguments over evidence, not facts. If present, the hearing officer can call you to testify under oath, over our objection. The hearing is taped so the driver’s statements can be used against them in a court trial. Pleading to the hearing officer for your license because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to “plea bargain” or deviate from the statutory penalties.
20. DMV is an Administrative hearing and doesn’t follow the court rules thus allowing DMV to win over 90% of the hearings.
21. We can appear for you without your having to go to court.
DALE GRIBOW
“TOP LAWYER” – Palm Springs Life 2011-2016 (DUI and PI)
10.0 AVVO Perfect Peer Rating
“Preeminent” – Martindale Hubbell Legal Directory
“Best Attorneys of America” Selected by “Rue” (Limited to Top 100/State)
Selected Founding Member of American Association of Premier DUI Attorneys
Selected for 10 BEST Attorneys for California for Client Satisfaction in the practice area of DUI Law.
Selected for the National Advocacy for DUI Defense (comprised of America’s Top DUI ATTORNEYS)
2015 Client Appreciation Award & Martindale Hubbell Client Distinction Award
Weekly Talk Show Host and Legal Columnist in LA & CV.
“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”
