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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

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: 

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Name: People v. Morgan
Case #: D080016
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/20/2023

Trial court erred in concluding defendant’s driving under the influence (DUI) charges could be elevated to felonies where defendant had not suffered a qualifying sentence-enhancing prior conviction listed in Vehicle Code section 23550.5, subdivision (b). Under Vehicle Code section 23550.5, subdivision (b), a conviction for driving under the influence (DUI) in violation of Vehicle Code section 23152 is elevated from a misdemeanor to a felony if the defendant was previously convicted of violating specified provisions of the Penal Code, including gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). Here, defendant drove his motorcycle while intoxicated. The People…

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