The Addiction Presumption

The vast majority of citizens arrested for DUI are first offenders with low BACs. They have never been in trouble with the law before, and either suffered a flawed chemical test when they were really sober or simply underestimated their BACs based on the amount they had to drink. These citizens do not by most definitions have a drinking or drug problem.

However, there are those citizens for whom a DUI may suggest a problem with drugs or alcohol, particularly a repeat offender or a person with a high BAC.

Whether or not he has a true alcohol problem, the repeat offender or high BAC driver must realize the prejudice he faces in the minds of Santa Barbara prosecutors and judges:

• A person who can drive around with a BAC of 0.31 drinks frequently enough to build up a tolerance to alcohol
• AND, a tolerance to alcohol is one clear symptom of alcoholism
• A third or fourth DUI suggests a person has difficulty controlling her drinking
• AND, the inability to control drinking is a clear symptom of alcoholism

Such motorists will be presumed alcoholics.

Don't be fooled: no amount of argument by any attorney will change the prosecutor's or judge's minds.

The only way to deal with the addiction presumption is to attack it head on. The repeat offender or high BAC motorist should almost always explore the possibility that he has an alcohol or drug problem, if for no other reason that to be able to tell the prosecutor he has an open mind about the issue.

If a motorist is not an alcoholic, he has nothing to fear by exploring the issue. (In actuality, he has nothing to fear anyway.)

Skilled DUI attorneys can create a plan tailored for each motorist to explore possible addiction issues and their impact on a particular DUI case.

Exploring addiction issues can only help a multiple offender or high BAC driver.

There are several simple ways you can explore addiction issues without telling anyone, though any good DUI attorney will be skilled in these issues.

Alcoholics Anonymous
There are a wide variety of recovery meetings in the Santa Barbara area. Gaining a new perspective on alcoholism can be as simple as attending an open meeting of A.A. "Open" meetings are meetings that anyone can go to; you don't have to be an alcoholic.

• You won't have to talk to anyone, say anything, pay anything or even give your name. You can just listen to people talk about their problems with alcohol and learn what real alcoholism is.
• There are hundreds of A.A. meetings in Santa Barbara County every week. Here is the main site, including meeting schedules, for Alcoholics Anonymous in Santa Barbara (inc. Santa Barbara, Isla Vista, Goleta, Montecito, Summerland and Carpinteria).

You can also call one of the A.A. "central offices" and speak to someone anonymously.

• The phones are almost always answered by an alcoholic who volunteers to help answer questions just like yours.
• In Santa Barbara the number is (805) 962-3332, and in San Luis Obispo the number is (805) 541-3211.

Narcotics Anonymous
Detailed information on 12 Step recovery from the disease of addiction through Narcotics Anonymous can be found at the NA Santa Barbara site.

Narcotics Anonymous also has a local help line number that will put you directly in touch with a recovering addict: (805) 569-1288.

There are many things a skilled DUI lawyer can do to help you if you think you have a problem with drugs or alcohol.

The Santa Barbara DUI Center is part of Santa Barbara's Community Recovery Network; we work with the Santa Barbara Council on Alcoholism and Drug Abuse to get our clients the help they need.

If your DUI has made you ask these questions, give us a call. We can help.