People v. Dixon CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In August 2023, sheriff’s deputies stopped defendant while he was driving. Defendant appeared intoxicated and failed field sobriety tests. Two breathalyzer tests registered a 0.18 percent blood-alcohol content after which defendant was arrested.

1 Defendant was charged with felony driving under the influence of alcohol within 10 years of a felony conviction for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 1; statutory section citations that follow are found in the Vehicle Code unless otherwise stated); felony driving with a 0.08 percent blood-alcohol content within 10 years of a felony driving under the influence conviction (§ 23152, subd. (b); count 2); and misdemeanor driving when his driving privileges were suspended or revoked for a conviction of driving under the influence (Veh. Code, § 14601.2, subd. (a); count 3). As to count 2, it was further alleged defendant was driving with a blood- alcohol content of 0.15 percent. (Veh. Code, § 23578.) We note that it was also alleged defendant had two prior felony driving under the influence of alcohol convictions in 2019 in case Nos. 19CM01552 and 19F04136. (Veh.…