THIS IS THE TIME OF THE YEAR WHEN I GET DOZENS OF CALLS FROM READERS OF MY WEEKLY LEGAL COLUMN THAT WERE ARRESTED FOR A DUI… AFTER 2 ALLEGED BEERS.
Every caller says they were not drunk and asks how this could happen to them? In addition some of these callers were drinking and had a traffic accident with serious injuries to the victim. It is hard to explain to them that the DA will file the case as a FELONY, unless we can talk to the investigating officer and suggest why a felony may not be appropriate. Whether it is a misdemeanor or felony the DA wants JAIL time on ALL DUI’s in Indio.
MOST CALLERS DO NOT REALIZE YOU CAN BE ARRESTED FOR A DUI WHEN YOU ARE NOT DRUNK?
The TERM DUI IS OFTEN MISTAKENLY USED INTERCHANGEABLY WITH DRUNK DRIVING BY THE PUBLIC. There are different stages of having consumed too much alcohol (DUI). THE LOWEST stage is called HAD BEEN DRINKING (HBD). However you do not need to have reached these stages to be arrested for a DUI. In the Indio Court the DA’s prosecute .07’s.
The Term “Deuced” is used BECAUSE A DUI CHARGE HAS historically ENDED WITH A TWO…….initially it was called a 502. Then it was called a 23102, AND NOW the charge is 2 counts i.e. 23152 a & 23152 b, OF THE VEHICLE CODE.
WITH ENOUGH ALCOHOL ONE BECOMES “DRUNK; IMPAIRED; SOUSED; PLASTERED, FACED (AS IN SHIT FACED), but you do not need to have reached that stage to be arrested and convicted of DUI.
A driver does not have to be drunk. THE CORRECT TITLE for a DUI is NOT DRUNK DRIVING, AS YOU DO NOT HAVE TO BE DRUNK. YOU MERELY HAVE TO BE UNDER THE INFLUENCE OR IMPAIRED. The experts for the DA will testify that takes place when the BA level is .08 or higher.
Hopefully, my readers who are stopped for a DUI, remember my admonition that: SILENCE IS GOLDEN AND HANDCUFFS ARE SILVER …and thus did not talk to the police. In addition I have educated my readers that the Field Sobriety Tests at the scene are OPTIONAL, as is the Breath test at the scene. If the driver had not consumed any alcohol for a while then I hope they requested a Blood test. If they REFUSE a test at the station their license will be taken away by DMV for 1 year.
The DA wants to be sure of a conviction and not have the jury dismiss the DUI b/c the jury thought the driver was not drunk. Thus, the DA now files not only a DUI count but also a 2nd count of Driving with a BA of .08 or higher. That way the likelihood of a conviction of one count is increased dramatically. The jury thinks they are doing the driver a good deed by splitting the baby and finding the defendant guilty of only one count. The same DUI sentence applies for a plea or conviction of 1 or 2 counts.
If the chemical reading is .15 or higher, an enhancement will be filed by the DA resulting in a higher sentence by the court. Unlike the court, the DMV usually looks at .20 to consider the case more serious.
After the arrest, the driver only has 10 days for their attorney to request a DMV hearing. My regular readers remember this is separate and apart from a Court proceeding. So the bottom line is do not drink and drive while driving the roads in the CV
THINK DON’T DRINK
If you have any questions regarding this article or have ideas for future legal articles please contact Dale Gribow Attorney at Law:
(760) 837-7500 OR firstname.lastname@example.org
Defending the rights and dignity, and obtaining the best results possible, for Injury Accident Victims and those accused of a DUI, for over 30 years.
TOP LAWYER, PALM SPRING LIFE 2011-22 AND TOP LAWYER INLAND EMPIRE MAGAZINE
“Though I am sometimes referred to as a DUI criminal defense lawyer, I choose to not view my clients as “criminals”. I prefer to view them and more importantly to treat them as good, honest people that have found themselves in a scary and unfortunate situation.”
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI.
I do however “Change Hats” when I SUE Drunk Drivers in a Personal Injury Accident for their Negligence, that caused the damages to my Injured or Deceased (Wrongful Death) client .
Representing the Injured and Criminally Accused
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-22
“TOP LAWYER” – Inland Empire Magazine
PERFECT 10.0 AVVO Peer Rating
“Preeminent” – AV Martindale Hubbell Legal Directory; (A for legal ability and V for Very High Ethics)
Selected Founding Member of American Association of Premier DUI Attorneys
Selected for 10 BEST Attorneys for California for Client Satisfaction “DUI Law”.
Client Appreciation Award & Martindale Hubbell Client Distinction Award
Weekly Talk Show Host and Legal Columnist for both LA and Palm Springs papers entitled “ACCIDENTALLY YOURS”- (explaining what happens when you have been in an accident.)
DRINKING AND TEXTING BOTH CAUSE ARRESTS AND ACCIDENTS OR MAKE A DRIVER LESS LIKELY TO AVOID A DUI INDUCED ARREST OR ACCIDENT, THAT WOULD NOT BE THEIR FAULT.
BEING INTOXICATED, IS JUST AS SERIOUS AS BEING INTEXTICATED. A DRIVER MUST DO EVERYTHING POSSIBLE TO AVOID AN AT FAULT ACCIDENT.
THE BOTTOM LINE: “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”