People v. Garcia CA4/3

FACTS

Garcia was arrested after the car he was driving was involved in a minor collision. The other driver called 911 and reported Garcia was “drunk.” An expert opined, based on Garcia’s blood alcohol level several hours after his arrest, that he may have had a blood alcohol level of .23 or .24 percent at the time of the collision. Garcia was charged with driving under the influence of alcohol (Count 1) and with a blood alcohol of 0.08 % or more (Count 2) in violation of Vehicle Code section 23152, subdivisions (a) and (b), on March 15, 2019. Additionally, the information alleged as to Counts 1 and 2 that Garcia had three prior convictions for driving under the influence of alcohol within 10 years of the current offenses. (Veh. Code, § 23550, subd. (a).) Garcia was also charged with knowingly giving false information to a peace officer in the performance of his/her duties in violation of Vehicle Code section 31, subdivision (a) (Count 3). A jury found Garcia guilty of driving under the influence of alcohol and providing false information to a police officer. The court found true the allegation that Garcia had three prior convictions for driving under the influence within the past…