Deltoro

The People appeal from an order dismissing an information following the granting of defendant’s motion to suppress evidence. We reverse.

I. Procedural Background

The district attorney filed an information in the superior court charging defendant Carlos George Deltoro (respondent) with driving under the influence of alcohol resulting in injury to another in violation of Vehicle Code section 23153 (count I), and driving with 0.10 percent or more of alcohol in his blood resulting in injury to another in violation of Vehicle Code section 23153, subdivision (b) (count II). The information also alleged that respondent had been convicted of a violation of Vehicle Code section 23152, subdivision (a), within seven years from the commission of the charged offense in violation of Vehicle Code section 23185.

Pursuant to Penal Code section 1538.5, respondent filed a motion to suppress the results of a blood sample taken from him. The court granted the motion and, five days later, dismissed the matter pursuant to section 1385.5. The People appealed pursuant to section 1238, subdivision (a)(7).

II. Facts

On August 6, 1988, California Highway Patrol Officer Michael Jones received a…