MEXICAN INDEPENDENCE DAY: CINCO DE MAYO OR 9/16?
Sept. 13, 2021
The latest statistics show that a very large percentage of the Coachella Valley is Hispanic. We know that everyone celebrates their Independence Day with a little Booze. But, what is the correct date? If you said Cinco de Mayo, you are incorrect. Cinco de Mayo is not the Mexican Independence Day…It is September 16…next week.
But it matters not, during the Age of Covid. The issue during this holiday, whether it is 7/4; 9/16, or 7/4 is that people celebrate with alcohol. During the Age of Covid when we have all been couped up at home, there is even a great reason to “want to celebrate…something”. The result is more motorists drinking and driving, which results in more Accidents or DUI’s.
No one wants to be arrested for a DUI at any time of the year and having to deal with jail, the money spent defending yourself, the stress, the time wasted in court, and the endless classes, etc. However to understand a DUI, please understand you do not have to be drunk…just IMPAIRED. One Tequila shot won’t do it but several may. It is NOT the number of drinks, but rather the amount of alcohol in each drink. A 12oz glass could be 12 drinks if it is all alcohol.
The correct charge is a Driving Under The Influence (DUI), not Drunk Driving. You merely have to be Impaired; Under the Influence; or Buzzed from alcohol and or a drug. Depending on a number of factors, several Tequila’s may do it. A DUI is determined by the Preliminary Alcohol Screening (PAS) Breath Test at the scene or the Breath or Blood test at the station.
A DUI has always been called a DEUCE. This is because the Vehicle Code violation has always ended in a 2, and thus Drunk Drivers are referred to as “Deuced”. A DUI was initially called a 502 requiring a .15 reading and next was called a 23102 …needing a .10 reading.
Some juries returned not guilty verdicts thinking the driver was not DRUNK because they were able to drive without getting into an accident. Defense lawyers argued to the jury that the driver complied and produced their driver’s license and insurance when asked and the driver did not fall down while exiting the car.
Today it’s called a 23152 (a & b), thus allowing the DA to file two counts. One is Driving under the Influence and the second count is Driving with a BA level of .08 or more. Many juries now split the baby, and find the driver innocent of one count and guilty of the other. If there is a guilty verdict on either count, it is a DUI with the same sentence.
In California, you are under the influence if your ability to drive is impaired. Impairment takes place when your blood alcohol reading is .08 or higher with either the Breath or Blood test at the station. It is interesting to note that Urine tests have been found to be unreliable and no longer used. Thus, if you are driving on a California road with .08 or higher the burden of proof almost reverts back to you, to show that you weren’t under the influence and/or your blood alcohol was not .08.
Sooo, if you’re charged with a DUI, you don’t need some random 800 number lawyer. You need a hometown attorney, an attorney whose practice focuses on DUI law here in the CV. If you got a DUI, don’t take a chance with remote, out-of-town legal representation. Choose Dale Gribow, based right here in Palm Desert for 25 years.
You may incorrectly think that once you have blown into the breathalyzer the game’s over. But it’s not. And with experienced legal defense, you can assert your rights. So if you’re looking at a bad DUI that could haunt you for the rest of your life, don’t gamble with some out-of-town 800 number attorney.
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.