Pickard

BY THE COURT

*14 PROCEDURAL AND FACTUAL BACKGROUND

On February 19, 2016, the defendant was arrested for driving under the influence of alcohol. When the officer gave the Implied Consent Law admonishment, he told defendant that she'd have to submit to a breath or blood test. He further explained that the breath machine is unable to retain any kind of a sample for retesting. On the other hand, with the blood test, the nurse would draw two small vials of blood-"[o]ne of those vials goes to the crime lab and gets tested for alcohol .... The second vial is held at no cost to you." (Emphasis added.) 1 Consistent with his field admonishment, the officer testified he told the defendant "that two small vials of blood will be drawn. One goes to the San Diego Country Crime Lab. It gets tested for alcohol and ... that report gets added to my report at a later date." (Emphasis added.) The defendant elected to submit to a blood test. It was stipulated by the parties that the defendant's blood was analyzed for alcohol on February 29, 2016, and was later sent to Bio-Tox for a drug analysis. Bio-Tox received the second vial of defendant's blood on March 30th, and the Bio-Tox report dated April…