Chi
Chi v. Dept. of Motor Vehicles
Opinion
Opinion
Burns, J.
BACKGROUND
A.
By statute, a driver is deemed to have consented to a blood or breath test to determine the driver’s blood alcohol content if the driver is arrested for driving under the influence of alcohol. (Veh. Code, § 23612, subd. (a)(1)(A). 1) As relevant here, refusing a peace officer’s request to submit to a test, in circumstances providing reasonable cause to believe the person was driving under the influence of alcohol, results in a one-year suspension of driving privileges. (§ 13353, subd. (a); see also § 23612, subd. (a)(1)(D) [providing that the driver must be advised that failure to submit to chemical testing will result in administrative suspension of his or her driver’s license for one year].)
After providing the driver with notice of the suspension (effective 30 days from the arrest date), the officer forwards to the department copies of the notice and the officer’s sworn report. (§ 23612, subds. (f), (g)(1); see also § 13380, subd. (a).) The department conducts an automatic internal review of the report and any other accompanying evidence and will set aside the suspension if the evidence does not support it. (§ 13557, subds. (a), (b)(2).)