Last Tuesday, Orange County Sheriff Deputies assigned to Rancho Margarita’s Police Services conducted a traffic stop and contacted a driver on probation.
The driver also had a warrant for his arrest for a DUI charge and showed signs of being under the influence yet again.
A search of the vehicle revealed opened bottles of alcohol.
The driver was arrested for charges related to the incident.
RSM police services wants to remind everyone to make sound decisions when drinking, and find a designated driver or a ride-share pickup! There’s too many options out there to place yourself or the public in danger.
In California, the penalties for a probationer with an open warrant who is arrested again on DUI charges and had open alcoholic containers in his car can be quite severe. Here are the key points:
DUI Penalties
- First DUI Conviction:
- Fines: $390 to $1,000.
- Jail Time: Two days to six months.
- License Suspension: Six months.
- Second DUI Conviction:
- Fines: Higher fines and longer jail time compared to the first offense.
- License Suspension: One year.
Open Container Penalties
- Infraction: Typically punishable by a maximum $250 fine.
- Misdemeanor: If the driver or passenger is under 21, it can lead to up to six months in jail and a maximum $1,000 fine.
Probation Violation Penalties
- Arrest: Probation can be revoked, leading to immediate arrest4.
- Probation Revocation Hearing: The court may impose additional penalties such as jail time, fines, or stricter probation conditions.
- Consequences: The severity of penalties depends on the nature of the violation and the probationer’s history.
Given the combination of DUI charges, open container violations, and probation violation, the individual could face substantial fines, extended jail time, and stricter probation terms. It’s advisable to consult with a legal professional to understand the full scope of potential penalties and defenses.
