Gobin

Appellant Gobin appeals from an order and judgment denying an alternative writ of mandate seeking to vacate a Department of Motor Vehicles suspension of his driver’s license, pursuant to Vehicle Code section 13353.

Appellant’s Contentions

1. Appellant, by giving three breath samples, satisfied the requirements of Vehicle Code section 13353, and section 1221.4, subdivision (a)(1), of title 17 of the California Administrative Code.

2. Appellant was not given a proper admonition when he was requested to take a second set of tests.

Statement of Facts

The facts of this case are essentially undisputed. On February 22, 1982, at approximately 12:45 a.m., appellant was arrested for driving under the influence of alcohol, in violation of Vehicle Code section 23152, subdivision (a). Appellant was transported to the West Valley police station. Upon arrival, he was informed of the chemical test requirements of Vehicle Code section 13353 by the arresting officer, who read the chemical test admonition to him verbatim from a printed form.

Appellant chose to submit to a breath test. Having no reason to believe that the machine was not working properly, the officer set up a gas…