If you had 1/5th on the 4th, and got a DUI on THE FIFTH OF MAY, (Cinco de Mayo), then you got a Deuce. A DUI has always been called a DEUCE because the Vehicle Code violation has always ended in a 2. Thus, Drunk Drivers are referred to as “deuced”. A DUI was initially called a 502 requiring a .15 reading. Next it was called a 23102 requiring 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), thus allowing the DA to file the 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. Today, 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.
Remember you do not just have to appear in court on the date on the yellow citation you were given when arrested. You also have to deal with the Department of Motor Vehicles. An arrest for a DUI kicks in two separate proceedings…….the Court and a DMV hearing.
A DMV “administrative per se” hearing presumes a driver is per se under the influence, if the DUI CHEMICAL RESULTS (PAS aka Preliminary Alcohol Screening or Blood test), shows the driver to be .08 or higher. If you are stopped for a possible DUI, in order to save your California Driver’s License or driving privileges, your lawyer must request a DMV hearing within TEN (10) DAYS. You should also REQUEST A DMV IDENTIFICATION CARD at the same time as you will need some form of proof with a picture during this process! The 10 day time limit begins running from the issuance/arrest date on
If you’ve been bagged for a DUI, you don’t need some random 800 number lawyer. You need a hometown attorney. A local attorney whose practice focuses on DUI law here in the CV. If you’ve been charged with a DUI, don’t take a chance with remote, out-of-town legal representation. Choose Dale Gribow, based right here in Palm Desert for 30 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. Gribow has been defending drivers charged with Driving Under the Influence for over 40 years.
So, if you’ve been charged with a DUI, put that experience on your side. You need a LOCAL lawyer who knows the local courts inside-out. A lawyer who knows that even though you’ve been charged, you do have 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 TV/BILLBOARD attorney.
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Cut out this card!
GIVE THIS CARD TO ARRESTING OFFICER WITH LICENSE | INSURANCE | REGISTRATION
Upon advice of my attorney, Dale Gribow, I exercise my right to remain silent until you contact him at (760) 837-7500 or dale@dalegribowlaw.com for an OK.
My attorney has advised me the VOLUNTARY FIELD SOBRIETY (FST) AND BREATH TESTS, at the scene, are OPTIONAL (unless one is on probation). Thus, I elect not to take them. I want to cooperate and am happy to take a BLOOD TEST.
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DALE GRIBOW is a “Boutique Concierge” PI | DUI firm with 25+ TOP LAWYER awards, 9 Man of the Year recognitions, 4 Dale Gribow Days, and awarded “Mr. Charity”. He has represented the CV’s Seriously Injured and Criminally Accused for 30 years. The limited caseload allows calls to be answered and returned the “Old Fashioned” way…by Dale. “Whether I accept your case or not, if you take the time to call, I will personally direct you.”
DON’T DRINK, DRIVE OR TEXT, CALLING A TAXI/UBER, IS CHEAPER THAN CALLING ME!
