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Name: People v. Bolourchi
Case #: A167289
Court: CA Court of Appeal
District 4 DCA
Division: 4
Opinion Date: 06/28/2024
Summary

The Court of Appeal holds that where a motorist is validly arrested for driving under the influence of a drug (VC 23152(f)) and refuses to cooperate in taking a blood test prior to the officer obtaining a warrant, the jury may draw an adverse inference of consciousness of guilt based on that refusal. The trial court properly instructed the jury with CALCRIM No. 2130, which states a defendant’s refusal to submit to a chemical test as required by California’s implied consent statute (VC 23612) may show consciousness of guilt.

The full opinion is available on the court’s website here:  https://www.courts.ca.gov/opinions/documents/A167289.PDF