People v. Myers CA1/2

BACKGROUND

During the evening of November 12, 2012, an officer stopped a white Volvo after the officer noticed that the car was crossing over the solid double yellow center lines on the road.1 The driver told the officer, “I have a warrant and you got me for [driving under the influence (DUI)] and all the rest.” Dispatch confirmed that the driver’s license for defendant had been revoked and that he had two active warrants related to traffic matters. When defendant left the vehicle, the officer noted the odor of alcohol coming from defendant’s breath. The officer also noticed that defendant’s speech was slurred and his eyes were red and watery. Defendant was arrested and submitted to a breath test that registered 0.17 percent and 0.18 percent blood alcohol concentration. On November 14, 2012, a complaint was filed charging defendant in count one of felony driving under the influence (Veh. Code, § 23152, subd. (a)), with allegations that he had suffered two prior convictions within the meaning of Vehicle Code sections 23550 and 23550.5. In count two, defendant was charged with felony driving while having 0.08 percent of alcohol in the blood (Veh. Code, § 23152, subd. (b)), with the…