No. A153419.

27 Cal.App.5th 1155 (2018)

THE PEOPLE, Plaintiff and Respondent, v. ELIO GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

October 2, 2018.

Attorney(s) appearing for the Case

Robin Lipetzky , Contra Costa County Public Defender, Gilbert Rivera , Deputy Public Defender, and Anthony Gedeon for Defendant and Appellants.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Laurence K. Sullivan and Bridget Billeter , Deputy Attorneys General, for Plaintiff and Respondent.


The issue in this case is one that arises every day in California. A law enforcement officer arresting someone for driving under the influence (DUI) informs the suspect that he or she must submit to a breath test or blood test to measure blood-alcohol content...

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