People v. Wilfredo CA1/3

BACKGROUND

On June 10, 2023, at around 5:15 p.m., California Highway Patrol Officer Kirby saw defendant standing near the open passenger door of a car

1 on the side of a highway, urinating by the side of the road. By the time Kirby parked and approached on foot, defendant was ready to drive away. He waved, made a “thumbs up” gesture, and drove about eight to 10 feet before Kirby instructed him to stop. Defendant’s eyes were bloodshot, and there were two open beer cans in the center console of his car, but he claimed he had only one beer earlier that day. After field sobriety tests indicated defendant was under the influence of alcohol, he was placed under arrest and a chemical breath test was then administered, which confirmed he was intoxicated. Defendant’s Convictions In July 2023, the Sonoma County District Attorney filed an information charging defendant with the following offenses: felony DUI within 10 years of a prior felony DUI offense (Veh. Code, §§ 23152, subd. (a), 23550.5; count 1); felony driving with a blood alcohol content (BAC) of 0.08 within 10 years of a prior felony DUI offense (id., §§ 23152, subd. (b), 23550.5; count 2); and misdemeanor driving with a license…