People v. Vannesse

The failure to advise the arrestee of his statutory right to choose between a breath and blood test does not run afoul of any constitutional restraint. The Vehicle Code provides that, if a person is lawfully arrested for driving under the influence of a drug or a combination of a drug and alcohol, he shall be advised that he has the choice of submitting to either a blood or breath test. Notwithstanding this statutory directive, the Court of Appeal held that if a peace officer advises the arrestee that his only choice is to submit to a blood test, the test results are admissible in a criminal proceeding provided that the arrestee freely and voluntarily consents to a blood test. In this case, the court affirmed the denial of defendant's motion to suppress the results of a chemical test of defendant's blood where there was ample evidence that he freely and voluntarily consented to a chemical test of his blood. View "People v. Vannesse" on Justia Law