P.

I. Introduction

The Appellate Division of the Superior Court of Alameda County, on its own motion, certified these seven cases for transfer to this court. In each case, the defendant was charged with the misdemeanor offenses of driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)) and driving while having a 0.08 percent or higher blood-alcohol level (Veh. Code, § 23152, subd. (b)). Each defendant filed a motion to suppress evidence pursuant to Penal Code section 1538.5, contending the blood drawn from his or her person subsequent arrest, and pursuant to California's implied consent law (see Veh. Code, § 23612), should be suppressed under Schmerber v. California (1966) 384 U.S. 757 [ 16 L.Ed.2d 908 , 86 S.Ct. 1826 ] (Schmerber) because the blood draw was not performed in a constitutionally reasonable manner. In six of the seven cases, the trial court denied the defendant’s motion to suppress; the trial court in the remaining case granted the motion.

Following appeal to the appellate division, the court in all seven cases, splitting two to one, sided with defendants on the suppression motions. The majority concluded the evidence presented by the…