People v. Barragan-Sullivan CA1/1

INTRODUCTION

On February 11, 2013, defendant crashed his car into a utility pole. His three passengers were injured. A jury convicted defendant of driving with a blood-alcohol level of 0.08 percent and causing injury. The jury also convicted defendant of driving on a suspended license. Breath tests administered at the police station about an hour after the accident showed defendant’s blood-alcohol content to be 0.08/0.09 and 0.08/0.08. The trial court refused to allow the defense to present evidence at trial to show that a preliminary alcohol screening (PAS) test administered at the scene of the accident yielded a blood alcohol level of 0.07. Defendant argues the court’s ruling was prejudicial error under People v. Williams (2002) 28 Cal.4th 408, and that his conviction for driving on a suspended license is not supported by substantial evidence. We agree with the latter contention. We affirm defendant’s conviction for driving with a blood-alcohol level of 0.08 and causing injury.

STATEMENT OF THE CASE

Defendant Anthony Barragan-Sullivan was charged by information with driving under the influence of alcohol and proximately causing injury to L.V., K.D., and J.K. (count 1),…