Wilson

People v. Wilson

Good Law
114 Cal. App. 4th 953·2003 Cal. App. LEXIS 1956·2004 Daily Journal DAR 5·8 Cal. Rptr. 3d 167·2004 Cal. Daily Op. Serv. 23
Court of Appeal of CaliforniaDecember 30, 2003A102208California2,532 words

Opinion

Opinion

Pollak, J.

Defendant Donald Wilson appeals from his conviction of driving under the influence of alcohol causing bodily injury. Prior to his arrest, defendant consented to a preliminary alcohol screening test (PAS test) that measured the blood-alcohol level (BAL) in the breath sample he provided at 0.09 percent. After his arrest, he was required to submit to a blood test, which measured his BAL at 0.12 percent. He contends that the blood test constituted an unreasonable search and seizure and that the trial court erred by denying his motion to suppress the results of the test. We affirm.

Factual and Procedural History

On August 16, 2000, defendant was involved in an automobile accident after his car crossed over a double yellow line and collided head-on with another vehicle. Both the driver of the other car and her passenger suffered severe injuries as a result of the accident. Defendant was charged by information with driving under the influence causing bodily injury (Veh. Code, § 23153, subd. (a) ; count 1), and driving with a 0.08 percent blood-alcohol level causing injury (§ 23153, subd. (b); count 2). The information also alleged that defendant caused bodily injury to more…

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