Over the weekend, police officers responded to a call about a woman passed out inside a vehicle with the engine running, according to the Huntington Beach Police Department.
When officers arrived, they found the driver impaired and arrested her for DUI.
During the investigation, suspected narcotics were located in the vehicle, and the officers learned that she had prior DUI and narcotics convictions, along with an active warrant.
The suspect faces a combination of severe penalties in California for the current DUI, narcotics possession, and having both prior convictions and an active arrest warrant. The penalties are likely to be escalated due to her history as a repeat offender.
Here is a breakdown of potential penalties she may face:
Penalties for Multiple DUI Offenses
The severity of the DUI charge (misdemeanor vs. felony) and its associated penalties depend on the number of prior DUI convictions within the last 10 years.
- Jail Time: A third or subsequent DUI conviction carries mandatory minimum jail time. A third offense within 10 years results in a minimum of 120 days to one year in county jail. A fourth or subsequent offense within 10 years can be charged as a felony, punishable by 16 months, two years, or three years in county jail or state prison.
- Fines: The suspect can face significant fines, typically ranging from $390 to $1,000, plus substantial court fees and penalty assessments that can total thousands of dollars.
- Driver’s License Revocation: Her license will be suspended or revoked for an extended period, typically three years for a third offense and up to four years for a fourth or subsequent offense. She will likely be required to install an Ignition Interlock Device (IID) to obtain a restricted license or for license reinstatement.
- DUI School: She will be required to complete a lengthy court-approved DUI education program, often an 18-month or 30-month program.
- Probation: She will likely be placed on probation for three to five years, with conditions such as not driving with any measurable amount of alcohol and submitting to future chemical tests if arrested.
- Habitual Traffic Offender (HTO) Status: A third or subsequent DUI conviction often results in being designated an HTO by the California DMV for several years, which further enhances penalties for future driving offenses.
Penalties for Narcotics Possession
Possession of controlled substances for personal use is generally a misdemeanor in California due to Proposition 47; however, there are exceptions that could elevate the charge to a felony.
- Misdemeanor Possession: Typically punishable by up to one year in county jail and/or a fine of up to $1,000. In some cases, a defendant may be eligible for a drug diversion program, where charges can be dismissed upon successful completion of treatment.
- Felony Possession: The charge can be elevated to a felony if the suspect has prior convictions for serious felonies (like murder or gross vehicular manslaughter) or sex offenses requiring registration. A felony possession charge can result in a state prison sentence of 16 months, two years, or three years.
- Possession with Intent to Sell/Transport: If the quantity of drugs or presence of packaging/paraphernalia suggests intent to sell or transport, she could face much harsher felony charges with potential prison sentences of up to four years or more.
Consequences of an Active Arrest Warrant
An active arrest warrant means she was already wanted by law enforcement for a previous matter (e.g., failure to appear in court, probation violation, or another crime). The current arrest allows police to act on that existing warrant, which will lead to a separate court proceeding and potential penalties, which could include:
- Immediate incarceration as required by the warrant.
- A probation or parole violation hearing, which often results in additional jail time.
Given the combination of repeat offenses, a new DUI, narcotics, and an active warrant, the suspect is facing a complex legal situation with a very high likelihood of significant jail time and long-term consequences.
As we head into the holiday season, celebrations may include alcohol, but driving impaired is never worth the risk. This is not just about arrests. It’s about safety. Impaired driving is dangerous, irresponsible, and can change lives in an instant. Beyond the risk of serious injury or death, a DUI can cost you up to $13,500 in fines and fees.
Police officers will be out, actively looking for impaired drivers. Please make the right choice before you drive:
- Use a ride-share
- Designate a sober driver
- Make a plan before you party
Your life and the lives of others depend on it!
If I had an active warrant, I’d make sure not to drive around after I’d done so many drugs I’d pass out. Why are these guys so stupid!