Isla Vista DUI Prosecution
The Santa Barbara County District Attorney’s is responsible for prosecuting all crimes in Santa Barbara County, which includes Isla Vista. The Santa Barbara County District Attorney (D.A.) takes DUI crimes very seriously. As a result, the D.A. is often unwilling to reduce DUI charges to wet and reckless (VC 23103.5) or dry and reckless (VC 23103). However, an experienced Isla Vista DUI Lawyer may be able to reduce your DUI charge, particularly if the blood alcohol content (BAC) is less than .10%.
Isla Vista, California
Isla Vista is an unincorporated community and census-designated place in Santa Barbara County, California in the United States. It is located directly north of the University of California, Santa Barbara campus. As of the 2010 census, the population of Isla Vista was 23,096. The majority of residents are college students at nearby University of California, Santa Barbara or at Santa Barbara City College.
Isla Vista DUI Enforcement
Law enforcement is well aware of the large number young students and other people from out of the area who come to Isla Vista to party. Consequently, law enforcement agencies continuously patrol and conduct DUI investigations in Isla Vista and the surrounding area.
What is a DUI?
A “DUI” is operating a motor vehicle with a blood alcohol content that is over the legal limit, or while “under the influence” of alcohol, drugs, or both.
Over the Legal Limit
It is illegal to operate a motor vehicle with a blood alcohol concentration (“BAC”) of:
- 0.08% or higher― 21 years old or older operating a regular passenger vehicle (CVC 23152(b));
- 0.04% or higher―operating a commercial vehicle (CVC 23152(d));
- 0.01% or higher―younger than 21 years old (CVC 23136(a)).
Under the Influence of Alcohol
Under the influence means that one’s mental or physical abilities are so impaired that they are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
Under the Influence of Prescription Drugs
There is no red line for prescription drug impairment, unlike like the .08% BAC cut-off for alcohol. Therefore, a person can be convicted of DUI with any amount of drugs in their blood. Having a valid prescription and using the prescribed dosage are not a defense to a drug-related DUI.
Under the Influence of Marijuana
Although Marijuana is legal for persons over 21 years old in California, it is still illegal for any person to drive under the influence of marijuana. Drivers who fail sobriety tests and are in possession of marijuana are often arrested for DUI and requested to submit to a drug test. A person who regularly uses marijuana, or used it within a few days of driving, will likely test positive and be charged with driving under the influence.