DELTOPIA STREET FESTIVAL
This weekend is the annual DELTOPIA street festival on Del Playa Street in Isla Vista. An estimated 10,000 students will be out partying in Isla Vista, with over 100 law enforcement officers keeping a watchful eye. If you do not have a reason to be in Isla Vista this weekend, it would be a good idea to avoid the area.
If you do go to Isla Visa, read the Student Affairs and Major Events Guide before you go.
Law Enforcement Presence
According to the UCSB Current, the UCSB Police Department will have about 100 officers helping to patrol the campus and Isla Vista; the Santa Barbara County Sheriff’s Department and the California Highway Patrol (CHP) will also have personnel on hand doing saturation patrols in and around Isla Vista. – See more
Starting tomorrow, April 1st at 5:00 pm to Sunday, April 3rd at 7:30 a.m., Goleta Beaches will be Closed, Restricted Parking will be enforced in Isla Vista and Goleta and Sobriety Check Points will be set up in and around Isla Vista and Goleta and Highway 101 between Ventura and San Luis Obispo.
These are some of the measures that will be put in place to curb Alcohol Abuse and the number of people entering UCSB for the annual Deltopia Celebration.
Sobriety Check Points Are Lawful
Law Enforcement is constitutionally permitted to set up Sobriety Check Points with Public Notice and following specific legal protocols for the temporary questioning of drivers and/or detentions/searches with probable cause.
In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the United States Supreme Court voted 6-3, that sobriety checkpoints met the Fourth Amendment standard of “reasonable search and seizure.”
The language of the opinion written by then Chief Justice Rehnquist is unambiguous, Sobriety Check Points are constitutional.
‘[A] Fourth Amendment ”seizure” occurs when a vehicle is stopped at a checkpoint. . . . The question thus becomes whether such seizures are ”reasonable” under the Fourth Amendment…. We address only the initial stop of each motorist passing through a checkpoint and the associated preliminary questioning and observation by checkpoint officers…. In sum, the balance of the state’s interest in preventing drunken driving, the extent to which this system can reasonably be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program. We therefore hold that it is consistent with the Fourth Amendment. . . .
Sobriety checkpoints function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Police are permitted to stop you briefly, but they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. Police closely monitor cars approaching the roadblock. Trying to evade the Checkpoint may cause police to follow you and question you as to the reason you had for avoiding the roadblock.
Drug Checkpoints Are Unlawful
Drug Checkpoints are unconstitutional. However, if in the course of a Sobriety Check Point stop a police officer smells marijuana, or sees what he believes is drug paraphernalia or drugs during DUI sobriety checkpoint stop, you may subject to the search of your vehicle or person. During a prolonged detention of this type, you are not required to answer officers questions or admit to breaking the law.
Driving Under the Influence (DUI)
Per California’s driving under the influence (DUI) laws, it’s illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:
- 08% or higher― 21 years old or older operating a regular passenger vehicle.
- 04% or higher―operating a commercial vehicle.
- 01% or higher―younger than 21 years old.
The state’s DUI laws include medications, too. You can’t legally drive if you’ve consumed illegal drugs or:
- Excessive amounts of drugs with alcohol in them (such as cough syrup).
- Prescription medication.
- Over-the-counter medication.
DUI convictions stay on your driving record for 10 years.
Understand Your DUI Penalties
Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:
- Admin Per Se license suspension.
- Criminal license suspension
- Jail time or community service.
- DUI school.
- Installation of an ignition interlock device (IID).
- SR-22 filing.
Misdemeanors and Infractions
Minor in possession is only punishable by community service and/or a fine, it is a misdemeanor. The court will permit a first time offender to enroll in and complete a state certified youth offender class which will have the effect of reducing the misdemeanor to an infraction which will not affect your criminal record.
If you are cited for a DUI, Drunk in Public (PC 647(f), Resisting Arrest (PC 148) or any other misdemeanor you should contact an attorney for advice.