People v. Ritchie

[457]

Opinion

GARDNER, J.

*

Charged with violation of Vehicle Code section 231Q5, subdivision (a), driving under the influence of a drug, defendant brought a motion to suppress evidence resulting from the extraction of a sample of her blood following her arrest. The municipal court granted the motion. The Appellate Department of the Orange County Superior Court reversed and certified the matter to this court as one involving an important question of law. The question presented on certification is whether a search warrant is required to permit a nonconsensual withdrawal of a blood sample, in a medically approved manner, as an incident to an arrest for violation of Vehicle Code section 23105, subdivision (a).

The facts are uncontradicted and derived from a settled statement. Defendant was arrested for a violation of Vehicle Code section 23105, subdivision (a), which prohibits driving a vehicle under the influence of drugs. The details of the stop and arrest are not part of the appeal record but instead it was settled that the arrest for driving under the influence of drugs was lawful. Thus, our resolution must start with it being a given fact that the officer was fully equipped with all necessary information to properly conclude defendant was under the influence of drugs.

The arresting officer advised defendant that in addition to a blood, breath or urine test, as required by Vehicle Code section 13353, he was, whether she consented or not, going to take a sample of her blood to provide evidence of its drug content.

1

The defendant had requested a breath test. However, the officer knew that such a test would not indicate the presence of any drugs in the defendant’s system. Thereupon, at the officer’s direction, a sample of defendant’s blood was withdrawn in a medically approved manner. The defendant did not consent nor did the officer have a search warrant. The municipal court held that there was no showing of exigent circumstances in that there was no evidence that whatever particular drug substance was in the defendant’s blood would quickly dissipate and thus the extraction of the blood was illegal. We do not agree and reverse the municipal court.