Nieto

Gilbert Ochoa Nieto appeals after he pleaded guilty to vehicular manslaughter, felony drunk driving, and driving with a blood-alcohol level of .10 percent or above. His motion to suppress the results of tests conducted on a sample of his blood, grounded in the rule of People v. Superior Court (Hawkins) (1972) 6 Cal.3d 757 [ 100 Cal.Rptr. 281 , 493 P.2d 1145 ], was denied. Under Hawkins, Nieto contends the blood was illegally seized because the seizure was not preceded by a formal arrest. We find the susbsequent, contemporaneous arrest here distinguishes this case from Hawkins and affirm.

I

On February 15, 1987, at approximately 3 a.m., Nieto was involved in an automobile accident resulting in a fatality. He was pinned behind the wheel of his car and, after being extricated by firemen, was taken to a hospital. Officer William Letizio, Jr., who had been called to the scene, followed him there.

While Nieto was being treated in the emergency room, Letizio waited outside. Letizio was told Nieto’s injuries were serious, requiring placement in intensive care. The officer was not permitted into Nieto’s room while he was being treated. However, a police technician was allowed…