San Mateo, California DUI/DWI Blog

For many students, parties and drinking are part and parcel of the college experience. Unfortunately, college students' sense of youthful invincibility, combined with relative inexperience with alcohol, can lead otherwise responsible young people to make bad - and potentially life-altering - decisions.

Irresponsible drinking can lead to charges for driving while intoxicated, hospitalization for alcohol poisoning, injures and school disciplinary charges. The consequences of an alcohol-related criminal charge can stay with students for years, hindering their ability to get a job or enter graduate studies.

Colleges have long used media campaigns and community-based programs to reach out to students to help them understand the dangers of irresponsible drinking. A new report shows these strategies may be working, at least in California.

For California drivers convicted of driving under the influence (DUI), the ignition interlock device is an important part of the process of obtaining back full license privileges.

What Is an Ignition Interlock Device?

The ignition interlock device (IID) is a small device that attaches to the interior of a vehicle. It will not permit the vehicle to start until the driver blows into it. If the device detects alcohol on the driver's breath, the car will not start.

The IID will also check the driver's breath periodically as he or she drives. This is to ensure that the driver is the person who first blew into the device, in addition to checking whether the driver has consumed any alcohol since.

The California State Legislature is considering a bill that would change the way that police in the state conduct DUI checkpoints. While the legislation is championed by immigrant rights advocates and advocated by various California DUI criminal defense attorneys, many in law enforcement see the bill as reducing the efficacy of DUI checkpoints.

California Assemblyman Michael Allen proposed a bill that would establish uniform regulations for DUI checkpoints across the state. Currently, there is no regulation of DUI checkpoints state-wide. Police have the option of following the guidelines for operating sobriety checkpoints that the California Supreme Court outlined in a 1987 decision, but the police forces do not have to follow them. The bill passed the Assembly in May 2011 and is waiting for a vote in the Senate.

In 2000, California passed the Substance Abuse and Crime Prevention Act of 2000 (SACPA), also known as Proposition 36. In a nutshell, the Act provides for alternative treatment instead of incarceration for certain California drug possession convictions, however, some are wondering whether individuals convicted of DUI or drunk driving in California are also eligible to receive treatment under the law instead of jail.

According to the California Department of Alcohol and Drug Programs, Prop 36 was passed for a number of reasons including to improve public health and safety through the use of approved treatment strategies, preserve jail and prison capacity for violent and serious offenders, and cut taxpayer costs.

The California Substance Abuse and Crime Prevention Act, better known as Proposition 36, has successfully helped thousands of non-violent criminal offenders suffering from drug or alcohol addiction to receive treatment instead of jail time.

In 2000, California enacted Proposition 36 to offer a more successful solution to incarceration. The text of Prop. 36 states: "Non-violent, drug dependent criminal offenders who receive drug treatment are much less likely to abuse drugs and commit future crimes, and are likelier to live healthier, more stable and more productive lives." Additionally, the law was enacted to help better serve the community, save taxpayers money and improve public safety within the state.

Just one incident or bad decision can provide police with all the evidence they need to build a drug possession case against men and women in California. Prior to the year 2000, a guilty conviction would have resulted in fines and prison time. However, legislation enacted in 2000 changed the standard punishment proceedings.

Proposition 36 (Prop 36), The Substance Abuse and Crime Prevention Act, was passed by a majority of California voters in November 2000. At that time, California ranked tenth among states for drug use. Voters recognized that the traditional punishment of jailing simple drug crimes offenders was not working to prevent drug use, and they decided to try something different: treatment.

On November 7, 2000, California voters passed the Substance Abuse and Crime Prevention Act (commonly known as Prop 36) that allows certain drug offenders to receive treatment instead of jail time.

California citizens, 61 percent to be exact, voted in favor of offering alternative treatment programs for low-level offenders; some say a step in the right direction to getting non-violent offenders out of the prison systems.

However, Proposition 36, unfortunately, doesn't apply to all individuals convicted of drug offenses. Generally, Prop 36 applies to only three types of offenders.

Teen drug use is most often associated with smoking marijuana. Many teens, however, are getting buzzed from an item that is found in almost every American home-cough medicine. Cough medicine contains dextromethorphan (DXM), an active ingredient in cough medicine. Taken in large doses, it can achieve a high. This high is commonly referred to as "Robo Tripping" (Robo is short for the Robitussin brand of cough medicine).