- posted: Jul. 09, 2025
- DUI
If your holiday weekend ended with flashing lights in the rearview mirror you probably developed Black and White Fever, and your memory of what happened may not be that goodâŚso write everything downâŚNOW! Hereâs what you need to knowâfast.
đš First: Was the Stop Legal?
A police officer must have Probable Cause (PC) to pull you over. This could be anything from speeding (typically over 55â65 mph) to swerving or another DMV traffic code violation. At the Scene If the officer smells alcohol, s/he will look for signs that youâve been drinking: Remember the Voluntary Field Sobriety Tests (FSTs) and the Preliminary Alcohol Screening (PAS) Breath test will be offered and you can elect to REFUSE.
It is IMPORTANT to remember that these tests at the scene are optional (unless you're on probation).
đš Over .08? Then Youâre âDeuced.â
A breath reading over .08% typically leads to a DUI arrest, but Indio DAs can and do prosecute at .07%. A DUI used to be called a â502,â then a 23102, and now a 23152 A & B Vehicle Code violation. Because the code ends in â2,â itâs common to hear someone say theyâve been âDeuced.â
đ You Have 10 Days to Act!
If youâre arrested for a DUI, you have just 10 calendar days (yes, weekends count!) to request a DMV hearing. It is best to have us request the hearing, which is separate from your criminal court case and the DMV Hearing is FREE with all DUI clients.
âď¸ There are Two Systems and Two Consequence for a DUI
The Defendant driver now faces a DMV Administrative Action and a Criminal Court Proceeding. Even when your court case goes well, the DMV can still suspend your licenseâŚif/when the hearing officer rules against you.
The DMV Hearings Are Different from the court proceedings and are conducted by a Hearing Officer (not a judge or lawyer). It is hard to believe, but the DMV Hearing Officer has no legal training, yet s/he acts as both prosecutor and judge. There is No presumption of innocence â If you blew a .08 or more, you're presumed guilty. The reality is that 98% of DMV cases result in a suspension. As previously explained, we handle DMV hearings FREE for all DUI clients.
đŤ Double Trouble?
Lawyers argue the DMV process is double jeopardy. This means you are punished twice for one event. The courts say DMV is administrative, so itâs just a âsanction,â not punishment. Trial Lawyer argue itâs a DUI exception to the Constitution.
đď¸ In Court
If you're convicted or plead guilty, Youâll face fines, DUI classes, and 3 years of summary, informal, probation. If your DUI is reduced to a âwet reckless,â then probation drops to 1 year.
đ The Bottom Line is that a DUI doesnât just go away
You must act quickly to protect your license and your future. You donât need a lawyer, much like a placekicker⌠until you do. So, save my number: 760.837.7500ânext to your plumber and electrician, for a rainy day.
If you or a friend, ever find yourself faced with a DUI/PI, or any legal issue, call for a FREE 360° DUI/PI consultation. If Iâm not the right fit, Iâll refer you to someone who isâŚhonestly!
Incidentally, we offer multiple options for payment, when available. âClients donât plan to fail; they often fail to planââŚso plan ahead.
âONLY HIRE A LOCAL NON-TV, BILLBOARD, 1-800, FANCY SLOGAN, ADVERTISING LAWYER. YOUR FUTURE SELF WILL THANK YOU.
REMAIN SILENT: Itâs not what you said⌠itâs what the POLICE/INSURANCE ADJUSTER thinks you said. The police and insurance adjusters are not on your side. Weâre here to helpâno judgment, just smart, experienced defense.
"âď¸âď¸âď¸âď¸âď¸"
37-Top Lawyer | 10.0/5-Star | DUI/PI Career Awards: | Google | Martindale AV, Pre-eminent | Avvo, Superb -Clientâs Choice Award | Justia | PS Life | 9 Man of the Year | 4 Dale Gribow Days | Mr. Charity - Recognizing dozens of legal/philanthropic awards, signifying âTHE BESTâ. The highest rating for both legal ability and ethical trustworthiness standards by judges and attorneys, in âthe most respectedâ national legal rating directoryâŚfor 150 years.â You donât earn 37 âTop Lawyerâ career awards, without standing on the shoulders of thousands of former clients. Iâm grateful for every one of them.
Cases are limited and Gribow handles all callsâyou wonât speak to a secretary or receptionist.Â
Â
DUI STOP? CUT AND KEEP THIS CARD
GIVE TO OFFICER WITH LICENSE | REGISTRATION | AND INSURANCE
Upon advice of my attorney, Dale Gribow, I exercise my right to remain silent until he is contacted at 760.837.7500 or [email protected]. He advises: âItâs not what you sayâitâs what the officer AND insurance company think you said.â The Optional Field Sobriety Tests (FSTs) and portable Preliminary Alcohol Screening Breath Test (PAS) AT THE SCENE, are voluntary, unless you are on probation. Politely say, âI elect not to take them. I will cooperate fully and request a blood test instead.â