On December 6, Orange County deputies responded to a call behind Ralphs on Del Prado after a community member reported concerns about a possible impaired driver, according to Dana Point Police Services.
When the deputies arrived, they found a sedan perched on a curb and lodged into a metal fence. The driver was contacted at the scene and showed clear signs of intoxication.
During the investigation, the driver was arrested for DUI involving alcohol and drugs.
A search of the vehicle revealed numerous empty alcohol bottles.
The deputies want to thank the witness who reported the incident. Their quick action helped the deputies to intervene before anyone else was harmed. Public vigilance is an important part of keeping the community safe.
As a friendly reminder, if you see someone who may be driving under the influence, please call 911 right away.
In Orange County, the driver arrested for a DUI involving both alcohol and drugs faces significant potential penalties, which typically vary based on whether it is a first offense and other aggravating factors like property damage.
Penalties the Driver Faces
The specific penalties will be decided by the court, but generally include:
- Jail Time: Up to six months in county jail, though for a first-time offense, judges may suspend most or all of the jail time in favor of probation and alternative sentencing options such as work release or house arrest.
- Fines and Fees: Base fines can range from $390 to $1,000, but with substantial court fees and penalty assessments, the total cost often exceeds several thousand dollars (e.g., up to $3,600 or more).
- Probation: The driver will likely be placed on informal (summary) probation for three to five years.
- DUI School: Mandatory completion of a court-approved alcohol and/or drug education program, typically three, six, or nine months long, depending on the blood alcohol concentration (BAC) and the nature of the offense (alcohol and drugs).
- License Suspension: The California DMV will impose an administrative license suspension (typically four months for a first offense). The court may also impose a separate suspension (up to six months for a first offense). The suspensions usually overlap, and the driver may be eligible for a restricted license after a 30-day “hard” suspension period if they install an Ignition Interlock Device (IID) and provide proof of insurance.
- Ignition Interlock Device (IID): Installation of an IID in any vehicle the driver owns or operates is likely mandatory, often for a period of six months for a first offense in Orange County.
- Criminal Record: A DUI conviction creates a permanent criminal record, although it may be expunged later if probation is successfully completed.
- Restitution: Because the incident involved property damage (sedan lodged into a metal fence), the driver may be required to pay restitution to the property owners for repairs.
Impact on Employment and Insurance
- Employment:
- “At-Will” Employment: California is an “at-will” employment state, meaning an employer can terminate an employee at any time for almost any lawful reason, including a DUI conviction.
- Job Requirements: The impact on employment depends on the nature of the job. If the job requires a valid driver’s license, operating a company vehicle, or a professional license (e.g., healthcare, law, teaching, commercial driving), a suspension/conviction can lead to immediate termination or disciplinary action by a licensing board.
- Background Checks: A DUI conviction will appear on background checks, potentially hindering future job opportunities, especially for positions requiring high security clearance or trust.
- Missed Work: Court dates, jail time (if imposed), and mandatory program attendance can cause missed workdays, straining the employment relationship.
- Insurance:
- Higher Premiums: Auto insurance rates will almost certainly skyrocket for several years following a DUI conviction.
- SR-22 Requirement: The driver will be required to obtain an SR-22 form (a certificate of insurance responsibility) from their insurer and file it with the DMV to get their license reinstated.
- Policy Changes: Some insurance companies may refuse to renew coverage or even drop the driver’s policy entirely, forcing them to seek coverage from high-risk insurers.
- Employer’s Insurance: If the driver operates a company vehicle, their employer’s insurance company may refuse to cover the employee, leading to termination regardless of company policy.
The discovery of numerous empty alcohol bottles in the vehicle may be considered an aggravating factor by the prosecutor or judge, potentially leading to more severe conditions or a stricter sentence within the possible range of penalties.