Bally

Defendant Bally was charged with driving a motor vehicle “while under the combined influence of intoxicating liquor and a drug, to wit; Diazepam [Valium], and when so driving did *574 an act forbidden by law,” i.e., crossed a double yellow center line, which act proximately caused bodily injury to three persons, thereby violating Vehicle Code section 23102.

His appeal is from an order granting probation and he makes but one contention of error, as follows: “The trial court committed reversible error by denying appellant’s motion to suppress the results of his blood test based upon the loss of his blood sample.”

The relevant evidence is uncontroverted.

A “lab technician” on behalf of the arresting police officers had drawn two vials of blood from Bally’s body. A medical bioanalyst then tested one or both of the vials and found a blood alcohol level of .27 which indicated that Bally had imbibed the equivalent of at least 12 or 13 one-ounce shots of 86 proof whiskey. Presence of Diazepam was also found. Thereafter at Bally’s request a blood sample of the vials was sent by its official custodian to a private laboratory chosen by Bally for an additional test. The sample was…