Fish

*464 When blood is drawn from a person arrested for driving under the influence, the Fourth Amendment requires that it be drawn in a "reasonable manner." ( *297 Schmerber v. California (1966) 384 U.S. 757 , 771-772, 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; see also People v. Mateljan (2005) 129 Cal.App.4th 367 , 376, 28 Cal.Rptr.3d 506 .) Here, the question is who has the burden of proof on the "reasonable manner" issue when a valid search warrant authorizes the blood draw. This is an issue of first impression in California. We hold that, where the circumstances of the blood draw are typical and routine, i.e., not peculiarly within the knowledge of the People, the burden of proof is on the defendant. (See infra , at p. 301.)

Defendant is charged with one count of driving while under the influence of an alcoholic beverage and one count of driving with a blood-alcohol level of 0.08 percent or more. ( Veh. Code, § 23152, subds. (a), (b).) After his arrest, his blood was drawn pursuant to a valid search warrant. The trial court granted defendant's Penal Code section 1538.5 ( section 1538.5 ) motion to suppress the results of the blood test because the People had failed to carry their burden…