People v. Cadenas CA6

I. FACTS AND PROCEDURAL BACKGROUND

On June 19, 2020,3 a California Highway Patrol (CHP) officer responded to a report of reckless and possible drunk driving on State Road 68. Witnesses saw Cadenas speeding, racing another car, cutting off other cars, slamming on his brakes, weaving, crossing into oncoming traffic, and “almost hit[ting] a bicyclist.” The CHP officer who stopped Cadenas smelled a strong odor of alcohol coming from him. Cadenas had slow, slurred speech and red watery eyes. He admitted consuming alcohol earlier that day. Cadenas failed field sobriety tests, and two preliminary alcohol screening tests showed his blood-alcohol content (BAC) was approximately 0.20 percent. On August 12, the Monterey County District Attorney filed an information charging Cadenas with felony DUI while having three prior DUI convictions (Veh. Code, §§ 23152, 23550; count 1), and felony driving with a BAC of 0.08 percent or more while having three prior DUI convictions (Veh. Code, §§ 23152, subd. (b), 23550, 23550.5; count 2). The three prior DUI convictions alleged in counts 1 and 2 occurred on August 23, 2011 (Monterey County), September 21, 2011 (Fresno County), and May 4, 2016…