deﬁnition of “fully advised” must be given. The court then may add either the
short alternative or the long alternative or neither. If there is no issue regarding the
two-and three-year revocations in the case and both parties agree, the court may
choose to use the short alternative or to give just the ﬁrst sentence of element 5.
The court may choose to use the long alternative if there is an objection to the
short version or the court determines that the longer version is more appropriate.
The court may also choose to give the bracketed paragraph deﬁning the Vehicle
and Penal Code sections discussed in the long alternative at its discretion.
When giving the long version, give the option of “ten years” for the time period in
which the prior conviction may be used, unless the court determines that the law
prior to January 1, 2005 is applicable. In such case, the court must select the
“seven-year” time period.
The jury must determine whether the witness is a peace officer. (People v. Brown
(1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758 P.2d 1135].) The court may
instruct the jury on the appropriate deﬁnition of “peace officer” from the statute
(e.g., “a Garden Grove Regular Police Officer and a Garden Grove Reserve Police
Officer are peace officers”). (Ibid.) However, the court may not instruct the jury
that the witness was a peace officer as a matter of law (e.g., “Officer Reed was a
peace officer”). (Ibid.) If the witness is a police officer, give the bracketed sentence
that begins with “A person employed as a police officer.” If the witness is another
type of peace officer, give the bracketed sentence that begins with “A person
• Enhancements. Veh. Code, §§ 23577 & 23612.
•Statute Constitutional. Quintana v. Municipal Court (1987) 192 Cal.App.3d
361, 366–369 [237 Cal.Rptr. 397].
• Statutory Admonitions Not Inherently Confusing or Misleading. Blitzstein v.
Dept. of Motor Vehicles (1988) 199 Cal.App.3d 138, 142 [244 Cal.Rptr. 624].
• Silence in Response to Request May Constitute Refusal. Garcia v. Department
of Motor Vehicles (2010) 185 Cal.App.4th 73, 82–84 [109 Cal.Rptr.3d 906].
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 293–302.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[f], [a], [b] (Matthew Bender).
Admonition Must Convey Strong Likelihood of Suspension
It is insufficient for the officer to advise the defendant that his or her license
“could” be suspended. (Decker v. Dept. of Motor Vehicles (1972) 6 Cal.3d 903,
905–906 [101 Cal.Rptr. 387, 495 P.2d 1307]; Giomi v. Dept. of Motor Vehicles
(1971) 15 Cal.App.3d 905, 907 [93 Cal.Rptr. 613].) The officer must convey to the
CALCRIM No. 2131 VEHICLE OFFENSES