Ellis

In this case we hold that the right to be free from double jeopardy is not violated when the Department of Motor Vehicles (DMV) suspends a driver’s license for refusal to take a blood-alcohol test, even though the licensee was convicted of driving under the influence and received a 48-hour “refusal enhancement” for the same conduct. John Norman Ellis appeals from a judgment denying his petition for writ of mandamus. We affirm.

On January 28, 1990, Ellis was arrested on suspicion of drunk driving and refused to submit to a chemical test of his blood-alcohol content. On January 30 he was charged with driving under the influence (Veh. Code, § 23152, subd. (a)) and a refusal enhancement (Veh. Code, §§ 23157, 23159). On February 8, the DMV suspended his driver’s license for six months for refusal to take a chemical test (Veh. Code, § 13353). The suspension was stayed pending a requested hearing.

At the April 5 hearing Ellis argued that proceedings to suspend his driving privilege for the same conduct alleged in the previously filed criminal complaint violated the constitutional prohibition against double punishment. On the same day he pleaded guilty to the drunk-driving…