WEST COVINA, CA — The accused here in a Los Angeles County Superior Court West Covina courthouse trial last week supposedly exceeded the legal .08 percent blood alcohol limit after a standardized field sobriety test revealed a BAC level of .09 percent.
However, the defense noted, this BAC test was conducted an hour after the initial interaction between Officer Angel Guerrero, who made the traffic stop, which inaccurately represents the BAC level at the time of accusation.
When called to the stand, officer Guerrero recounted seeing the accused at 1:30 a.m. on Aug. 18, 2023 hitting his brake lights sporadically, going 60 mph in a 35 mph residential area, and failing to turn his right turn signal at the intersection of Citrus Street and San Bernardino Road.
Deputy District Attorney Justin Park recalled statements made by the accused when Officer Guerrero asked whether he had been drinking that night.
The accused said, “I’m not gonna lie, I had—I had a beer and a drink,” said the DDA, adding that later, when the officer asked again, the accused admitted he had consumed three or four beers.
However, Defense Attorney Curtis Franklin pointed out the accused’s blood vial was tested an hour after the accused was contacted by officer Guerrero, and argued that since alcohol metabolizes slowly, the level increases with time.
So, the defense said, the BAC level of .09 at the time of testing is not accurate to the BAC level at the time of driving.
Through a retrograde extrapolation, BAC is estimated at an earlier time based on a later BAC level, said the defense, claiming the accused’s BAC level at the time of the interaction would have been lower than the .08 percent limit needed to be charged with a DUI.
DDA Park questioned Guerrero on his background and recollection of the incident and he explained that he had completed the necessary DUI training required of him, which is only conducted for a few hours over a three day period.
He did not specify where he received his DUI training, but only that an officer is required to learn the basic signs of impairment and how to conduct traffic stops. He added he has made 40-50 DUI related arrests.
However, defense attorney Franklin charged the accused “was not weaving, not following too closely, and most importantly, there was no traffic collision.”
Additionally, defense attorney Franklin said officer Guerrero arrested the accused’s partner, who was sitting in the passenger seat because he believed her to be under the influence as well.
Defense attorney Franklin explained the National Highway Traffic Safety Administration (NHSA), which sets the standards for DUI investigations, claims an individual can fail all three sobriety tests of walking in a straight line, standing with one leg, walking and turning, and still not be deemed impaired to drive.
This case will continue this week.
