People v. Smith

Opinion

BRUINIERS, J.

Kevin Joseph Smith was one of three people extracted from a vehicle involved in a single-car rollover accident. Smith’s blood-alcohol content (BAC) was determined to be 0.24 percent, and he was charged with driving under the influence (DUI) causing injury (Veh. Code, § 23153, subd. (a)) and driving with a BAC in excess of 0.08 percent causing injury {id., § 23153, subd. (b)). As to both counts, it was alleged that Smith’s BAC was in excess of 0.20 percent {id., § 23538, subd. (b)(2)), he proximately caused bodily injury to two victims (id.. § 23558), he personally…