You mean I could go to jail for a first time DUI?
Yes you can and will receive Jail as part of your sentence!!!
During the holidays many of our neighbors will attend the office or neighbor's party without thinking about the consequences. They, as well as tourists, will drink and not use good judgment. These drivers will drink more than they should or more than they realize and many will be stopped for speeding, unsafe lane change or not up to date tag on their license plate.
Many will also get in a fatal car accident and injure or kill an innocent party. This tragedy happened to my 25 year old client Celena Nava who worked at Eisenhower. She was jogging six weeks ago in Coachella with a friend and was hit and killed by a drunk driver. The pain the family is experiencing is beyond words. It will last a life time and there is nothing anyone can do to take the pain away. The money I recover for the family for her wrongful death cannot begin to ease the pain they will experience as they celebrate Christmas and New Year's both this year and every year thereafter.
I have sued drunk drivers for injuries they have caused to my clients for over 30 years AND I have successfully defended drunk drivers when I change hats. Most drivers did not realize they could be charged with a drunk driving with the little alcohol they consumed. They incorrectly looked at the number of drinks they consumed rather than the amount of alcohol in the drinks. For DUI purposes a drink equals 1 ounces of alcohol; 12 ounces of beer or 4 ounces of wine.
Thus when the bartender pours a 6-8 ounce glass of wine and you have two drinks you have consumed the equivalent of 3 or 4 drinks. Likewise my clients tell me they were not drunk. The law does not require one to be drunk but rather under the influence. Being under the influence occurs with everyone when their ability to drive is impaired and that occurs when you reach a .08 blood alcohol level but the Indio DA will file .07's.....and YES the DA and the court ask for a minimum of 10 days in jail on a first offense DUI.
It is also necessary to look at what medications the driver has consumed be they prescriptive, over the counter or illegal. Many pills have a warning not to mix with alcohol and not to operate heavy machinery after taking the medication....this means a car. The combination of alcohol and these pills will create a Potentiation so they are a lot more under the influence at .07 or .08 than the average person. It is possible they are as much under the influence as someone .09 or more than .10
The bottom line is DON'T DRINK AND DRIVE, CALL A TAXI.........IT IS A LOT CHEAPER THAN HIRING ME!
Dale Gribow has been "Rated" TOP LAWYER by Palm Springs Life Magazine from 2011-2019 and has a Superb Avvo Peer Reviewed Legal Rating. Dale Gribow has been Man of the Year 7 times including the City of Palm Desert and the City of Hope and Dale Gribow Day has been declared 4 times. He is the only attorney appointed in December 2013 to the Coachella Valley Association of Government's Public Safety Ad Hoc Blue Ribbon Committee. This group consists of the police chiefs from every city and the mayor of each city as well as the Sheriff of Riverside County and the head of the CHP and Border Patrol.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760-565-0533. Dale S. Gribow Attorney at Law 74-923 Highway 111, #206 Indian Wells, California 92210 760-837-7500