If you got stopped during the 2019 Labor Day Holiday, you are possibly under suspicion of a DUI arrest. If the officer smells any alcohol, you are certainly under suspicion of a DUI. Of course the officer needs a reason or probable cause to stop you, unless you are at a DUI checkpoint.
Unfortunately, probable cause could be almost anything. Even without drinking there are times when we all cross the line, speed or do not stop at the limit line for a red light. Do not become a statistic like the over a Million people who were arrested for a DUI last year….Don’t Drink and Drive….Call a Taxi…It is a lot cheaper than calling me.
During the Labor Day Holiday there are roving enforcement saturation patrols and checkpoints. They stop drivers leaving The Nest, The Red Barn, Sullivan’s etc., as well as dozens of other famous restaurants and watering holes in the greater Palm Springs area.
For them it is like shooting fish in a barrel. National statistics show there is over a 90% chance of being arrested if you have the odor of alcohol on your breath. Thus you have to play the odds and prepare for the worst.
If there is a moderate amount of alcohol on your breath you could become a victim of an overzealous police officer…though that does not happen as often in the CV. If you have been drinking and driving, there is good chance you will be arrested. Most of us do not realize it is not the number of drinks but rather the amount of alcohol in each drink that is determinative.
If stopped you should be Respectful and Cooperative with the officer. Initially you need to know that you can refuse to answer questions, because you are probably being arrested anyway. You can say I am not going to answer any questions but I will cooperate with you. Show the officer your driver’s license and proof of insurance.
When stopped the impaired driver usually makes many mistakes. Drivers are not aware, unless they read my CV Weekly legal column, that the field sobriety and breath test at the scene are optional. Thus you do not have to take the walk the line, finger to nose, reciting the alphabet backwards and other so called sobriety tests. Likewise the breath test at the scene (unless you are on probation) is optional.
A driver stopped and offered DUI tests should be cooperative and politely say that their attorney is Dale Gribow and he has advised them not to talk without calling Gribow for permission (of course they will not let you call me). The driver should explain “they have been advised these Field Sobriety Tests and the Breath Test at the scene are optional. If that is correct Mr. Officer, then I elect not to take them (unless the driver is on probation) until you call my attorney first. Then explain that you are happy to cooperate with law enforcement and take a blood test.”
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyer’s permission.
Though often referred to as a DUI criminal defense lawyer, I choose to not view my DUI 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 after screwing up.
I look upon my job as protecting the Constitutional Rights of every American who drinks, drives and gets arrested for a DUI or has an ACCIDENT.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
SUGGESTIONS FOR FUTURE ARTICLES? CONTACT DALE GRIBOW 760-837-7500/ dale@dalegribowlaw.com.
DALE GRIBOW
REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-20
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“PREEMINENT” Rating – Martindale Hubbell Legal Directory
“BEST Attorneys of America” Selected by “Rue” (Limited to Top 100 Attorneys/state)
“10 Best Attorneys” for California
Legal Eagle “Best and Brightest Legal Minds” -Palm Springs Life- June 2016
“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”. SO DRIVE SOBER OR GET PULLED OVER.
