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People v. Williams9/30/2004
Defendant David Ray Williams pleaded guilty to driving with a suspended license (Veh.Code, § 14601.2, subd. (a)), and a jury convicted him of driving under the influence of alcohol (DUI) (Veh.Code, § 23152, subd. (a)) and driving with .08 percent or more blood-alcohol content (Veh.Code, § 23152, subd. (b)). The trial court found he had a prior strike under the three strikes law (Pen.Code, §§ 667, subds.(b)-(i), 1170.12), he had served a prison term within the meaning of Penal Code section 667.5, subdivision (b), and he had committed a felony violation of Vehicle Code section 23153 in the last 10 years (see Veh.Code, § 23550.5). The court sentenced him to state prison for an aggregate term of five years.
On appeal, defendant claims: (1) there is insufficient evidence to support the convictions; (2) the trial court erred by admitting the results of Preliminary Alcohol Screening (PAS) tests; and (3) the court erred by admitting statements to police that were purportedly taken in violation of defendant's Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] ). We find the evidence is sufficient to support the convictions and no prejudicial error. We affirm the judgment.
FACTS AND PROCEEDINGS
Kevin Feil, a patrol officer with the Sacramento County Sheriff's Department, stopped defendant late one evening for driving with an expired vehicle registration. Feil noticed defendant's eyes were glassy, his speech was slurred, and his breath smelled of alcohol. Feil had defendant get out of his car, walk to Feil's patrol car, and get into the back seat. Defendant was unsteady on his feet, although he did not need assistance. Feil requested a California Highway Patrol (CHP) officer for a DUI evaluation.
CHP Officer Steven Walker arrived a few minutes later. After speaking with Officer Feil, Walker opened the door to Feil's patrol car and asked defendant to step out. Walker noticed defendant's eyes were watery and bloodshot, his breath smelled of alcohol, and his speech was slurred. When Walker directed defendant to walk to the sidewalk near his patrol car, defendant appeared unsteady on his feet.
Officer Walker asked defendant questions to help determine if he was impaired from drinking. In response, defendant said he had a beer an hour before the stop and a Smirnoff Ice 20 minutes before the stop. Defendant said he had also recently eaten a meal. He referred to some type of neck and back impairments, apparently including a lumbar problem, and said he was under a chiropractor's care.
Officer Walker conducted three field sobriety tests, which defendant failed to perform satisfactorily. Walker asked defendant to stand with his feet together and his arms down and to tilt back to look toward the sky and then close his eyes for 30 seconds. During this exercise, defendant swayed and estimated a 30- second time elapse after only 15 seconds. In another test, defendant had difficulty balancing and following some specific instructions when asked to stand on his left foot, extend his right foot and stare at it, and then count from 1,001 to 1,030. Finally, defendant did not properly perform a hand-clapping test that implicated fine motor control.
*2 Officer Walker administered a PAS test, which showed a .109 percent blood-alcohol level. Approximately a minute later, Walker administered a second test, which showed a .113 percent blood-alcohol level. These tests were done approximately 20 minutes after the initial stop. Walker then arrested defendant. Less than one and one-half hours after the initial stop, defendant was given two Intoxilyzer 5000 breath tests, both of which indicated his blood-alcohol level was .09 percent. The Intoxilyzer test is accurate to plus or minus .01 percent.
Defendant weighed approximately 157 pounds at
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