Yesterday at around 10:00 a.m., a motor officer stopped a driver who decided honesty was the best policy, according to the Fullerton Police Department.
The driver immediately admitted to drinking and driving. During the investigation, the officer also located cocaine inside the vehicle on a shirt. When asked about it, the driver casually asked if the officer “needed him to dust it off.”
Spoiler alert: He did not and that would be destruction of evidence.
The driver was arrested for DUI and drug-related charges. Thankfully, this stop happened before someone was seriously hurt.
If you drink, don’t drive. Call a rideshare, a friend, a family member… literally anyone but your steering wheel.
Legal Penalties Faced by the Driver
Based on the details provided, this incident occurred under the jurisdiction of the Fullerton Police Department in California. The driver faces severe criminal penalties for combining a DUI with possession of a controlled substance.
Here are the standard criminal penalties for these offenses in California:
DUI Penalties (First Offense Misdemeanor)
- Jail Time: Up to 6 months in county jail.
- Fines: Base fines and court assessments totaling $390 to $2,000.
- Probation: 3 to 5 years of informal summary probation.
- DUI School: Mandatory attendance in a 3-month or 9-month licensed alcohol education program.
- License Suspension: A driver’s license suspension by the DMV for up to 10 months (though often eligible for an immediate restricted license with an Ignition Interlock Device).
Drug Charges (Cocaine Possession)
- Jail Time: Up to 1 year in county jail for simple possession (misdemeanor under California Health and Safety Code 11350).
- Diversion Programs: Eligibility for Prop 36 or PC 1000, allowing the driver to complete drug treatment instead of serving jail time to potentially get the drug charge dismissed.
Enhanced Sentencing Factors
- Aggravated DUI: The prosecutor can use the concurrent possession of a hard drug to argue for harsher sentencing within the legal limits, such as maximum jail time or longer probation.
- Destruction of Evidence: While the driver did not actually “dust it off,” any physical attempt to alter, conceal, or destroy the cocaine would have added a separate misdemeanor charge under PC 135, carrying up to an additional 6 months in jail.
Impact on the Suspect’s Auto Insurance
The impact on the driver’s auto insurance will be severe, immediate, and long-lasting. Because California prohibits insurers from offering standard rates to high-risk drivers, this individual faces some of the strictest insurance penalties in the nation.
Immediate Policy Changes
- Policy Cancellation: Standard insurance companies will likely cancel or non-renew the policy immediately.
- High-Risk Classification: The driver will be forced into the secondary “surassigned” or non-standard insurance market.
Financial Costs and Penalties
- SR-22 Requirement: The driver must file an SR-22 certificate for 3 years to reinstate their license.
- Premium Spike: Annual insurance premiums typically increase by 100% to 150% in California after a DUI.
- Loss of Discounts: California law mandates the immediate loss of the 20% Good Driver Discount for 10 years.
- Compounded Risk: Insurance companies will charge even higher rates due to the concurrent drug possession arrest.