In Re Cheryl S.

—The People appeal from an order by the juvenile court dismissing a petition for wardship (Welf. & Inst. Code, § 602) after suppressing the results of a “breath test.” The juvenile court ruled that “fundamental fairness” dictated the testing officer advise the minor, before taking the breath test, that the breath sample would not be preserved. We reverse.

On September 19, 1985, Cheryl S., a minor, was,observed driving erratically. A traffic stop was effected and the officer smelled alcohol when the minor rolled down the window. The minor was asked to submit to a field sobriety test, which she failed. She was placed in a police car and advised that she was required, under Vehicle Code section 23157 (former § 13353), to give a chemical test of her blood, breath or urine. The minor wanted to take the urine test, but could not provide a urine sample. The officer advised her that she must take the blood or breath test. She asked to take a breath test, but also inquired as to the location of where a blood test would be taken, to which the officer responded that she would have to go to the hospital.

The minor completed the breath test, which indicated that she had a blood…