In Re Garinger

Defendant John David Garinger was charged with driving a vehicle under the influence of alcohol (DUI) on May 17, 1984, in violation of Vehicle Code section 23152, subdivision (b). When defen dant was arrested the police failed to deliver the advisements required under sections 23157 and 23 1 57.5 that he could choose among blood, breath and urine tests, that any breath sample was not preservable for later analysis, and that if he chose a breath test he could provide a blood or urine sample that would be retained for later analysis. Defendant’s blood alcohol level was tested by a breath test only.

Defendant entered a plea of not guilty and made a motion to suppress the evidence of his breath test because the statutory advisements had not been given by the arresting officers. The municipal court denied defendant’s motion to suppress. By agreement with the District Attorney of the County of Riverside and the municipal court, defendant was permitted to enter a guilty plea without prejudice to his appealing his conviction to the appellate department of the superior court to obtain review of the denial of his suppression motion. The appellate department affirmed the judgment…