People v. Bieser CA4/3

FACTS

After drinking with family and friends before and during a concert at the House of Blues in the City of Anaheim, Bieser got into her car to drive home. After she drove her car out of a parking structure, she failed to properly navigate a turn and the car struck the street’s center divider. Instead of slowing down, the car accelerated, crossed lanes of traffic, jumped the curb on the side of the street, hit utility infrastructure, and struck and killed Louis Rosales, who had been walking with his family on the sidewalk. The car then came to rest against a tree on the other side of the sidewalk. A police officer who responded to the incident observed Bieser smelled strongly of the odor of alcoholic beverage and was unsteady as she walked. The officer also observed Bieser’s eyes were watery and glassy. The officer performed one field sobriety test before Bieser refused to participate in any others. During the test, Bieser displayed a wide range of emotions and behavior; her speech was sometimes slurred and almost incoherent.

2 A test of a sample of Bieser’s blood, drawn pursuant to a warrant roughly five hours after the collision, indicated a blood alcohol concentration of…