MEMORIAL DAY 2016 DUI?....20 SECRET RIGHTS
Dec. 25, 2014
By Dale Gribow
If you were arrested for a DUI over Memorial Day the Officer asked you to exit the vehicle & questioned you. Most drivers (and lawyers) don’t know the Breath Test and Field Sobriety Test (FST) at the scene are OPTIONAL. These tests can only hurt your DUI case.
Hopefully you took a Blood Test at the police station or hospital, as it is preferable. Many professionals believe with the passage of time the reading will decrease by the time the blood is drawn………..unless the driver just chugged a drink and the alcohol had not yet gotten into the blood system. The average driver is not aware that it takes about an hour for the alcohol to go into your blood stream and an hour to come out……but now YOU DO! Here is a summary of your 20 SECRET DUI rights:
Field Sobriety and Breath Tests at the scene are OPTIONAL.
If no drinks for a few hours, request a Blood test at the station.
It takes about an hour for a drink to go in or out of your blood.
A DMV hearing MUST be requested within 10 days of your arrest or your right to a hearing is lost and your license is suspended 30 days thereafter.
Miranda rights are not as important because they apply to questioning at the scene or station. The DA can make a case without anything you say and will just use the FST’s (walk the line, finger to nose etc.) and the chemical (Breath or Blood) Tests.
Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyers permission.
The correct charge is Driving Under the Influence, not Drunk Driving. You merely have to be Impaired.
The DA will ask for Jail Time on a first time DUI in the Indio Court.
There are alternatives to jail time.
Recently the DA decided to make their best offer at the Arraignment. Thus aging the case, as was done in the past, may not be in the client’s best interest. A DUI TEST REFUSAL results in a 1 year license SUSPENSION.
A DUI: is filed as VC 23152 a: Driving under the influence & VC 23152 b: Driving with a BA (Blood Alcohol reading) of .08.
A DUI requires both a DMV and Court proceeding.
A REFUSAL to take a DUI test results is a 1 year SUSPENSION.
The 23152 a & b filing gives the DA two (2) bites of the apple.
A 23152b only deals with an alcohol reading of .08 or more
If you lose the DMV hearing your license is suspended for about 4-5 months (4 month restriction if no DMV hearing requested and 5 if DMV hearing requested). If you plead in court or lose at trial your license is again suspended by DMV…….but you do not have to endure 2 separate suspensions.
A DUI/ Reckless Driving or At Fault Accident is 2 points and Traffic tickets are 1 point.
License suspended if total points is 4 in 1year: 6 in 2 years or 8 points in 3 years
Traffic School removes a point; Ticket remains for Insurance Purposes.
The Indio court only accepts Traffic School AFTER A TRIAL (if the cop does not object).
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 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.
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