The People v. Superior Court CA1/3

INTRODUCTION

Real Party Domingo Montar is charged by information with violating Vehicle Code section 23152, subdivisions (a) and (b) (driving under the influence and driving with a blood alcohol level of .08 percent or more). He is also charged with three prior driving under the influence convictions and a high blood alcohol enhancement.

1 Montar was stopped on September 9, 2012 for driving on the wrong side of the road, driving erratically, and almost running over a police officer. During the traffic stop the officer concluded that Montar was under the influence of alcohol based, in part, on the observation that Montar's face was relaxed, he was unable or refused to follow commands, he was staggering, and his breath smelled of alcohol. Furthermore, his eyes were bloodshot and watery and his speech was slurred. Montar refused to submit to any field sobriety or chemical tests. A nonconsensual blood draw was completed. The police did not obtain a warrant for the blood draw, relying on their policy permitting the seizure of blood evidence because, otherwise, that evidence would "lessen in the defendant's system over time." Montar moved, pursuant to Penal Code section…