Puccinelli

This appeal is before us upon transfer from the Appellate Department of the Superior Court of San Mateo County upon certification by that court pursuant to rule 63 of the California Rules of Court. The appeal is by the People from an order of the municipal court suppressing the results of a blood test in an action charging defendant with driving a vehicle while under the influence of intoxicating liquor, causing bodily injury. (Veh. Code, § 23101. ) The order was affirmed by the appellate department.

The issue presented is whether the results obtained in violation of defendant’s right of selection of the tests provided for in section 13353 must be suppressed. We have concluded that there is no statutory or constitutional mandate requiring the suppression of such evidence and that, therefore, the order of the municipal court must be reversed.

Upon his arrest for violation of section 23101 defendant was offered a choice of the chemical tests (blood, breath, urine) provided for in section 13353 for the purpose of determining the alcoholic content in defendant’s blood. He indicated he would take either the breath test or the urine test. Facilities for the taking of these…