Ross

Gene Ross appeals a judgment denying his petition for a writ of mandate directed to the Department of Motor Vehicles. The sole issue is whether, following Ross’s arrest for drunk driving, his request to see a laboratory technician’s identification prior to allowing blood to be drawn constitutes a refusal pursuant to Vehicle Code section 13353.

I

The facts are undisputed. Ross was arrested on September 14, 1986, by California Highway Patrol Officer Richard Geller on suspicion of driving under the influence of alcohol. He was taken to Orange County jail, where he was given a choice of taking a blood, breath, or urine test for the presence of alcohol in his body. Ross, believing it was the most accurate, chose the blood test.

When the technician who was to draw the blood arrived, he was wearing Levi’s, a wrinkled shirt, and a plaid coat. He sported a beard and looked like he had just gotten out of bed. Alarmed by the technician’s tired, disheveled appearance, Ross asked to see his identification. Officer Geller told him the technician was not required to show him his identification, but offered Ross a breath or urine test instead. Ross said, “Til take a test, a blood…