Police officers recently responded to a report of a driver passed out behind the wheel near Brookhurst and Warner, according to the Fountain Valley Police Department.
The driver was ultimately arrested for multiple violations, including several DUI-related charges (both alcohol and drugs), possession of nitrous oxide, traffic offenses, a DUI probation violation, three outstanding DUI warrants and a felony domestic violence warrant.
This suspect is facing a severe combination of charges in Fountain Valley, California, and the penalties will be significant due to the multiple offenses, prior record, and outstanding warrants. It’s crucial for this person to obtain an experienced criminal defense attorney immediately.
Here’s a breakdown of the potential penalties for each category of offense, keeping in mind that the court will consider all charges together and impose consecutive or enhanced sentences:
1. Multiple DUI-Related Charges (Alcohol and Drugs):
- Repeat Offender Status: California has a 10-year “lookback” period for DUIs. Given “several” DUI-related charges, this individual will likely be treated as a repeat offender, leading to significantly harsher penalties than a first offense.
- Second DUI: Can result in up to one year in county jail (with a minimum of 96 hours), a two-year license suspension, and mandatory DUI education (18-30 months). A restricted license may be available after 12 months.
- Third DUI: Can lead to up to one year in county jail (with a minimum of 120 hours) or 16 months in state prison, a three-year license suspension, and a 30-month DUI education program. A restricted license may be available after 18 months.
- Fourth or Subsequent DUI: Is often charged as a felony, carrying 16 months to four years in state prison, a four-year license revocation, and the designation of a Habitual Traffic Offender.
- DUI with Drugs: Driving under the influence of any drug, including prescription medications and marijuana, is also a DUI under California law and carries similar penalties.
- Aggravating Factors: “Sleeping at the wheel” can still lead to a DUI conviction in California if there’s circumstantial evidence the person drove while impaired (e.g., engine still warm, keys in ignition, vehicle on the side of the road). The fact that he was sleeping in the car while impaired will not automatically negate the DUI charges, and could even be seen as evidence of impaired driving.
- Mandatory IID: Repeat DUI offenders are often required to install an Ignition Interlock Device (IID) for a significant period.
2. DUI Probation Violation:
- This is a serious offense. Being arrested for new DUIs while on probation means he violated the terms of his existing DUI probation.
- Consequences:
- Probation Revocation: The judge can revoke his probation, meaning he may be ordered to serve the jail or prison time that was originally suspended as part of his previous DUI sentence.
- Additional Penalties: Even if probation isn’t fully revoked, he could face extended probation, increased fines, more community service, or additional DUI classes.
- Increased Sentencing: The new DUI charges will likely result in harsher penalties because they occurred while on probation.
3. Three Outstanding DUI Warrants:
- Warrants indicate he failed to appear in court or comply with prior court orders related to DUI cases.
- Consequences:
- Failure to Appear Charges: Each outstanding warrant for failure to appear on a DUI charge can be a separate misdemeanor offense, potentially adding up to six months in county jail and/or a $1,000 fine per warrant.
- Immediate Arrest and Detention: The warrants allowed for his immediate arrest. He will likely be held in custody until he can address these warrants.
- Increased Bail or No Bail: His bail will likely be significantly higher, or he may be denied bail altogether, given the number and nature of the warrants.
- Consecutive Sentencing: Any jail time for the failure to appear charges could be added to sentences for his new DUI and other offenses.
4. Felony Domestic Violence Warrant:
- Felony Charges: A felony domestic violence charge in California (such as Penal Code 273.5, corporal injury to a spouse/cohabitant) is extremely serious.
- Potential Penalties for Felony DV:
- State Prison: Can range from 2, 3, or 4 years in state prison, potentially with additional years if serious injury occurred.
- Fines: Up to $6,000.
- Probation: If granted, formal probation for felony DV can last up to five years and involve strict conditions like mandatory batterer’s intervention programs (a year long), restitution to the victim, surrendering firearms, and staying away from the alleged victim.
- Loss of Gun Rights: A felony domestic violence conviction results in a lifetime loss of gun rights in California.
- “Strike” Offense: Depending on the specific charge and circumstances, it could count as a “strike” under California’s Three Strikes Law, significantly increasing future sentencing if he commits another serious felony.
- Warrant Impact: Similar to the DUI warrants, the felony DV warrant indicates a prior failure to appear or address the charge, leading to immediate arrest and likely high bail or no bail.
5. Possession of Nitrous Oxide:
- California Penal Code 381b: It is a misdemeanor to possess nitrous oxide with the intent to inhale it for intoxication.
- Penalties: Up to six months in county jail and/or a maximum fine of $1,000.
- DUI with Nitrous Oxide: Driving under the influence of nitrous oxide is also unlawful and would fall under the DUI charges.
6. Traffic Offenses:
- The specific penalties for traffic offenses will depend on the nature of those violations (e.g., driving on a suspended license, reckless driving, etc.). These can include additional fines, points on his driving record, and further license suspension.
Overall Outlook:
This individual is facing a complex and highly serious legal situation. The combination of multiple DUIs, a probation violation, numerous warrants (especially a felony domestic violence warrant), and new drug-related charges means he is likely looking at:
- Significant Jail or State Prison Time: Given the felony domestic violence warrant, the multiple DUIs, and probation violation, state prison time is a very strong possibility.
- Extended Driver’s License Revocation: Potentially for many years, or even a lifetime.
- Substantial Fines and Fees: Including restitution to victims if applicable.
- Mandatory Programs: Long-term DUI education programs and a batterer’s intervention program.
- Ignition Interlock Device (IID) Requirements.
- Permanent Criminal Record: Which will severely impact future employment, housing, and other opportunities.
- Increased Difficulty with Bail: He will likely be considered a flight risk and a danger to the community, making it hard to be released on bail.
