Today, at approximately 3:12 a.m., police officers responded to a single vehicle traffic collision on W. La Veta Avenue at S. Batavia Street, according to the the Orange Police Department.
The male adult driver was transported to a local hospital with injuries and has been arrested for suspicion of DUI.
A female adult passenger is deceased and no additional details are being released as the investigation is ongoing.
The OPD Traffic Unit has assumed this investigation and they are asking anyone with information to contact the Orange Police Department at (714) 744-7444.
What the Suspect is now Facing
The DUI driver in California faces severe penalties, likely including felony charges such as vehicular manslaughter or potentially even murder, significant prison time, large fines, a lengthy driver’s license revocation, major impacts on insurance rates, and potential employment termination. The exact charges and penalties depend on the specific circumstances and the prosecutor’s discretion.
Penalties and Legal Consequences
The driver will likely face charges under California Penal Code 191.5 (vehicular manslaughter while intoxicated) or Penal Code 187 (second-degree murder, if the driver had a prior DUI conviction and received a “Watson warning”).
- Imprisonment: A conviction for gross vehicular manslaughter while intoxicated is a felony punishable by 4, 6, or 10 years in state prison. If the driver had prior DUI convictions, the sentence could be 15 years to life. A second-degree murder conviction carries a penalty of 15 years to life imprisonment.
- Fines: Fines can range up to $10,000, plus additional court assessments and fees.
- License Revocation: The driver’s license will be suspended or revoked for a significant period, potentially at least three years or longer.
- Probation and Restitution: The driver may be placed on formal felony probation and ordered to pay restitution to the victim’s family for their losses.
- “Strike” Offense: A conviction for gross vehicular manslaughter or DUI murder is considered a “strike” under California’s Three Strikes Law, which enhances penalties for any future felony convictions.
Impact on Insurance
A DUI conviction, especially a felony involving a fatality, will have a major impact on the driver’s auto insurance.
- High-Risk Driver: The driver will be classified as a high-risk driver, leading to substantial increases in premiums.
- Premium Increase: Insurance premiums in California can increase by an average of 164% to 186% or more after a DUI conviction, potentially doubling or tripling existing rates.
- SR-22 Requirement: The driver will be required to file an SR-22 form (proof of financial responsibility) with the DMV for several years, which adds costs and signals high-risk status to insurers.
- Long-Term Impact: The DUI conviction remains on the driver’s DMV record for 10 years, affecting insurance rates for that entire period.
Impact on Employment
A felony DUI conviction has significant employment consequences, particularly given the severity of the incident.
- Job Termination: In California, an at-will employment state, employers can fire an employee for a DUI, especially if the job involves driving, a professional license, or the incident damages the company’s image.
- Background Checks: The conviction will appear on criminal background checks, making it difficult to find new employment, particularly in fields like healthcare, education, law enforcement, or government positions.
- Professional Licenses: The driver’s professional license (e.g., commercial driver’s license, nursing license, etc.) may be suspended or revoked by the governing board.
- Career Limitations: Even if the driver retains their current job, a felony conviction may hinder opportunities for promotions and career advancement.