Trotman

Defendant Gary Dana Trotman was charged in an information with gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5), driving under the influence of alcohol so as to cause bodily injury to another (Veh. Code, § 23153, subd. (a)), and causing injury while driving with a blood alcohol level of .10 or above (Veh. Code, § 23153, subd. (b)). The information further alleged that he had suffered two prior convictions for driving under the influence within seven years of the commission of the instant offenses, and that he had caused bodily injury to more than one victim within the meaning of Vehicle Code section 23182. Following the denial of his motions to suppress evidence (Pen. Code, 1538.5, subd. (a)) and to set aside the information (Pen. Code, § 995), defendant pleaded no contest to simple vehicular manslaughter in violation of Penal Code section 192, subdivision (c)(3). The remaining counts were thereafter dismissed and defendant was sentenced to state prison for a term of two years. This appeal follows. We affirm.

The single issue we must consider in this case concerns the warrantless seizure of a blood sample from an apparently intoxicated, but conscious,…