Is a defendant's prior DUI conviction relevant to his knowledge of the consequences associated with refusing a breathalyzer test?
California, United States of America
The following excerpt is from People v. Olguin, B264325 (Cal. App. 2016):
Defendant next contends that the prior DUI convictions had "little if any probative value" regarding his knowledge of the consequences associated with refusing a breathalyzer test because "[a]ny person of average intelligence knows that a bad blood-alcohol test could lead to incriminating evidence." He relies on People v. Hendrix (2013) 214 Cal.App.4th 216 (Hendrix), but that case is distinguishable.
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