People v. Hunter CA5

INTRODUCTION

On November 21, 2013, defendant was charged with driving under the influence (count 1; Veh. Code, § 23153, subd. (a)), driving with a blood alcohol content of 0.08 percent or more, causing bodily injury (count 2; § 23153, subd. (b)), driving under the influence within 10 years of three or more convictions for driving under the influence (count 3; §§ 23152, subd. (a), 23550), driving with a blood alcohol content of 0.08 percent or more within 10 years of three or more convictions for driving under the influence (count 4; §§ 23152, subd. (b), 23550), felony driving under the influence with prior convictions (count 5; §§ 23152, subd. (a), 23550.5), felony driving with a blood alcohol content of 0.08 percent or more with prior convictions (count 6; §§ 23152, subd. (b), 23550.5), and driving with a suspended license (count 7, § 14601.2, subd. (a)). The information also alleged two prior strikes and a number of sentencing enhancements, including three prior prison term enhancements. Prior to trial, defendant filed a motion to suppress the results of a nonconsensual blood alcohol screen, on the grounds it had violated his Fourth Amendment right to be free from unreasonable…