Grabham

BACKGROUND

On September 21, 2019, California Highway Patrol Officers Herve and Bethay passed a pickup truck and saw the driver,

All further statutory references are to the Vehicle Code

unless otherwise stated.

1 defendant, looking down at his cellphone. When Officer Herve slowed his vehicle and began to follow defendant, he noticed defendant’s vehicle registration had expired. Officer Bethay, who sat in the passenger seat, confirmed the expiration. Although Officer Herve had not noticed any signs of impaired driving, he initiated a traffic stop due to defendant’s cellphone use and expired registration.2 Officer Herve approached defendant’s truck on the passenger side and saw a 12-pack of beer on the bench seat. Officer Herve smelled alcohol coming from the truck and noticed defendant’s eyes were red and watery, both signs that a person may be intoxicated. Defendant also slurred his speech and struggled to follow directions, so Officer Herve decided to conduct a full DUI investigation. Defendant’s performance in several field sobriety tests indicated he was under the influence of alcohol. Officer Herve then arrested defendant and administered a breath test. The first test…