Christmas 2017 gives us a chance to give thanks for all that we have and to spend time with our family… and not “friends” we met in the holding tank. During this time of thankfulness and parties, we see dramatic increases in binge drinking, DUI’s and Drunk Driving Accidents. Thus from a business standpoint this is a good time of the year for a DUI/ACCIDENT lawyer like me.
The holiday drinking period starts a few weeks before Christmas when DUI related accidents and traffic stops increase. Christmas shows a 33% increase in DUI/Accidents and 42% on New Year’s Eve. During this season people who do not drink at other times of the year are more likely to “have a drink or two” in celebration of the Christmas Season or New Year’s. They drive without realizing their low tolerance has caused more impairment then they realized. The combination of all these factors has led to about 1,200 alcohol related deaths in 2015.
The Coachella Valley has more DUI fatalities, per capita, than anywhere else in California. Between Thanksgiving and New Year’s 2-3 times as many people die in alcohol-related crashes and 25,000 will be injured in alcohol related accidents throughout the country.
December is National Impaired Driving Prevention Month. During an average year 30 million Americans drive drunk, and 10 million drive impaired by illicit drugs. With Marijuana being legalized in a few weeks these figures will likely increase.
Until recently most lawyers were not aware of a private company where a DUI driver can register for a regular or SCRAM ankle bracelet. The SCRAM detects alcohol and is also an alternative to jail using Continuous Alcohol Monitoring. I would like to note that men and woman are not equal regarding alcohol consumption. When you compare each having the same age, height and weight, thirty minutes after a standard mixed drink a man will be .02 and a woman will be .03.
A DUI arrest kicks in two proceedings. One is criminal through the local court system and a possible trial. The other is DMV. It begins the process of suspending your driver’s license if your reading is .08 or higher. The DMV hearing is statutory and thus black and white. If your reading is .08 or more than the burden of proof technically shifts to you to prove you were not under the influence.
When arrested, your license is taken under the “stop and snatch” law and DMV destroys your license. You receive a pink piece of paper which becomes a temporary license for 30 days. You must request a DMV hearing within 10 calendar (not business) days, or the license will be suspended 30 days after the arrest. When requesting a hearing you can ask for a STAY which freezes the suspension until the hearing results.
Life gets very complicated if you try to handle a DUI on your own, and having an attorney hold your hand is important. I am here for you if you make a mistake… many do!
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 for damages to my Injured or Deceased (Wrongful Death) clients.
DON’T DRINK AND DRIVE, CALL A TAXI, LYFT OR UBER………THEY ARE A LOT CHEAPER THAN CALLING ME … LAW ENFORCEMENT WARNS “DRIVE SOBER OR GET PULLED OVER”
“Though I am sometimes referred to as a criminal DUI 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 by drinking too much.”
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow 760-837-7500 or dale@dalegribowlaw.com.
DALE GRIBOW
“TOP LAWYER” – Palm Springs Life (DUI) 2011-2017
“TOP LAWYER”-Inland Empire Magazine Nov, 2016
10.0 AVVO Perfect Peer Rating