Drinking and Driving Rights in Santa Barbara
You have the right to drink and drive.
In Santa Barbara, as in every city in America, it is perfectly legal for adults to drive after drinking, so long as they do not drive impaired or with a BAC over 0.08%.
For many people, this thought is a revelation. The anti-drinking forces in America have for a very long time demonized "drinking and driving." They have used the term interchangeably with "drunk driving" to the point where many people believe it is illegal to drive after consuming any alcohol. To the contrary, drinking and driving is legal in all fifty states.
So long as you are over 21 and don't drink enough to be either impaired or over the per se limit (0.08% in California), it is perfectly legal for you to drink and drive.
Unfortunately, your rights are under fire from different directions.
The various "DUI Exceptions" carved out of the Constitution over the years insure that murder suspects have more rights than the citizen accused of DUI. The mass collection of DUI fines has become much more lucrative than determining whether a particular driver is truly guilty. Victims' rights groups no longer target only drunk driving—they now advocate prosecuting even the sober drinker who gets behind the wheel after having a drink. And perhaps worst of all, incompetent lawyers perpetuate the problem by recommending guilty pleas when they do not understand the many defenses available to a DUI.
The result is that sober drivers are being prosecuted and convicted right here in Santa Barbara, many with the full consent of their lawyers. Law-abiding citizens are afraid to exercise their right to drink and drive for fear that they will become another statistic.
Don't let it happen to you—know your rights and help educate the True Believers wherever you find them.
For many people, this thought is a revelation. The anti-drinking forces in America have for a very long time demonized "drinking and driving." They have used the term interchangeably with "drunk driving" to the point where many people believe it is illegal to drive after consuming any alcohol. To the contrary, drinking and driving is legal in all fifty states.
So long as you are over 21 and don't drink enough to be either impaired or over the per se limit (0.08% in California), it is perfectly legal for you to drink and drive.
Unfortunately, your rights are under fire from different directions.
The various "DUI Exceptions" carved out of the Constitution over the years insure that murder suspects have more rights than the citizen accused of DUI. The mass collection of DUI fines has become much more lucrative than determining whether a particular driver is truly guilty. Victims' rights groups no longer target only drunk driving—they now advocate prosecuting even the sober drinker who gets behind the wheel after having a drink. And perhaps worst of all, incompetent lawyers perpetuate the problem by recommending guilty pleas when they do not understand the many defenses available to a DUI.
The result is that sober drivers are being prosecuted and convicted right here in Santa Barbara, many with the full consent of their lawyers. Law-abiding citizens are afraid to exercise their right to drink and drive for fear that they will become another statistic.
Don't let it happen to you—know your rights and help educate the True Believers wherever you find them.