P.v. Dahlem CA3

BACKGROUND

Defendant was charged with causing bodily injury while driving under the influence of alcohol (count 1) and causing injury while driving with a blood-alcohol content of 0.08 percent or more (count 2). It was alleged as enhancements to both counts that defendant caused great bodily injury and bodily injury to more than one victim. Defendant pled no contest to both counts and admitted the associated enhancements. The stipulated factual basis for his plea was the preliminary hearing transcript. This transcript reflected that defendant was driving under the influence of alcohol when he took an off-ramp too fast and collided with a truck, causing the ejection of the driver, who died. Defendant’s passenger was also injured in the crash. Defendant’s preliminary alcohol screening tests from the scene came back at 0.091 and 0.097 percent, while his evidentiary preliminary alcohol screening tests later administered at the patrol office came back at 0.08 and 0.10 percent. Thereafter at the August 17, 2021, sentencing hearing, the court gathered evidence from the parties, noted its review of various materials (including the probation sentencing report), and listened to argument of…