Is a defendant convicted of driving under the influence of alcohol (DUI) and driving while having 0.08 percent or more alcohol in his blood?

California, United States of America


The following excerpt is from People v. Ontiveros, C078567 (Cal. App. 2015):

In October 2012, a jury found defendant "guilty of driving under the influence of alcohol (Veh. Code, 23152, subd. (a)) and driving while having 0.08 percent or more alcohol in his blood ([Veh. Code,] 23152, subd. (b)). The jury found true an allegation that, within the previous 10 years, defendant had a prior felony conviction of driving under the influence (DUI) with injury. ([Veh. Code,] 23153, 23550.5, subd. (a)(2).) The jury also found true an allegation that, within the previous 10 years, defendant had three prior DUI convictions. ([Veh. Code,] 23152, 23153, 23550, subd. (a).) The jury found not true an allegation that defendant refused a peace officer's request to submit to and complete a chemical test. ([Veh. Code,] 23577.) Defendant admitted allegations that he had a prior robbery conviction (former Pen. Code, 667, subds. (b)-(i), 1170.12) and had served a prior prison term (Pen. Code, 667.5, subd. (a)). [] Defendant was sentenced to state prison for seven years, consisting of twice the upper term of three years for the DUI plus one year for the prior prison term." (People v. Ontiveros (Sept. 12, 2013, C072538) [nonpub. opn.], fn. omitted.) On appeal, this court modified the judgment by striking defendant's convictions on two counts. As modified, we affirmed the judgment.

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