Cinco de Mayo is not Mexico’s Independence Day. That celebration actually occurs on Diez y Seis de Septiembre—September 16. However, in the U.S., Cinco de Mayo has taken on a life of its own. It has become a day of celebration, drinking, and unfortunately, arrests and accidents—especially here in the Coachella Valley.
Every year, following events like Coachella, Stagecoach, and the Kentucky Derby, we see a spike in DUI arrests and traffic accidents. Many who “celebrated” too hard find themselves waking up not at home, but in Indio Jail or a local hospital like Eisenhower, Desert Regional, or JFK.
DUI: It’s Not About Being Drunk
Too many people believe they have to be falling-down drunk to be arrested for DUI. That’s not the law. In California, the legal charge is Driving Under the Influence (DUI). You need only be impaired, not incapacitated. You’re legally under the influence if your blood alcohol content (BAC) is .08% or higher, or if alcohol/drugs impair your ability to drive safely.
It’s not how many drinks you’ve had—it’s what those drinks contain. One strong drink can be more dangerous than three light ones. I recall a 21-year-old client who came in with his mother, swearing he only had “one drink.” It turned out that “one drink” was a red Costco cup filled with 12 ounces of vodka and a splash of orange juice. He had essentially consumed 12 standard drinks in one cup. No wonder his BAC was so high.
DUI Charges Explained
DUI charges in California typically fall under Vehicle Code 23152(a) and 23152(b). Section (a) covers general impairment, while section (b) specifically addresses driving with a BAC of .08% or more. Prosecutors charge both, and juries sometimes “split the baby”—finding someone guilty of one but not the other. But a conviction on either is still a DUI, with identical penalties.
DUI used to be called a “502” requiring a .15 BAC. Later it changed to “23102” (.10 BAC), and today it’s “23152” with a .08 threshold. Over time, the standard has tightened, and enforcement has become more aggressive. A DUI now carries very serious consequences, including fines, classes, license suspension, and possibly jail.
The Field Sobriety Test Trap
At the scene, officers often ask drivers to perform Field Sobriety Tests (FSTs) and blow into a Voluntary Preliminary Alcohol Screening (PAS) breathalyzer. What most people don’t realize is that these tests are optional—unless you’re on probation or under 21. You have the right to decline these tests politely and respectfully and instead request a breath or blood test at the station.
In fact, I advise clients to carry a card that says:
“Upon attorney Dale Gribow’s advice, I exercise my Right To Remain Silent until I can speak with him. I elect not to take the voluntary field sobriety tests or the portable breath test. I am happy to cooperate and request a blood test.”
Why? Because it’s not what you said—it’s what they thought you said. Officers and insurance companies are not on your side. You must protect yourself.
The Aftermath: Arrests, Accidents, and Legal Consequences
Whether you’re arrested or involved in a crash, DUI cases are life-altering. You’re facing jail, court, license suspension, stress, and long-term costs. It affects not only you but also the people around you. I’ve seen countless lives changed due to a single poor decision made behind the wheel.
And remember, just because you complied at the scene—produced your license, exited the car without falling over, and didn’t crash—doesn’t mean you’re safe from prosecution. Impairment can be subtle, and the legal system doesn’t require obvious intoxication to convict.
Choose Local. Choose Experience.
If you’re charged with a DUI, don’t call the number on TV or a billboard. You need a local DUI Trial Lawyer who knows the Coachella Valley courts, local officers, and prosecutors. I’ve practiced DUI and personal injury law in Palm Desert for over 30 years. I also represent victims of DUI crashes—changing hats when drunk drivers injure or kill others. Whether defending or suing, my mission is to uphold justice and constitutional rights for everyone.
DON’T DRINK & DRIVE.
Impaired Driving = Drunk Driving.
Uber is cheaper than me.
For a FREE 360° DUI/Accident Case Evaluation, contact me at 760.837.7500 or dale@dalegribowlaw.com. If I can’t help, I’ll refer you to a more budget-friendly attorney. Honestly.
