Vannesse

*442 The Vehicle Code provides that, if a person is lawfully arrested for driving under the influence of a drug or a combination of a drug and alcohol, he shall be advised that he has the choice of submitting to either a blood or breath test. ( Veh. Code, § 23612, subd. (a)(2)(b).) 1 Notwithstanding this statutory directive, we hold that if a peace officer advises the arrestee that his only choice is to submit to a blood test, the test results are admissible in a criminal proceeding provided that the arrestee freely and voluntarily consents to a blood test. The failure to advise the arrestee of his statutory right to choose between a breath and blood test does not run afoul of any constitutional restraint.

In a misdemeanor complaint, Alexander Vannesse was charged with driving under the influence of a drug. (§ 23152, subd. (e).) He appeals an order denying his Penal Code section 1538.5 (hereafter section 1538.5 ) motion to suppress the results of a chemical test of his blood contending that his consent to the blood draw violates statutory and constitutional law.

In an opinion certified for publication, the Appellate Division of the Ventura County Superior Court affirmed the…