Kisielius

Lina Kisielius appeals an order denying her petition for a writ of mandate compelling the Department of Motor Vehicles (DMV) to restore her driving privilege.

Kisielius was convicted of drunk driving (Veh. Code, § 23102) three times between December 1975 and July 1979—a period of about three and one-half years. On her second conviction in September 1978, the municipal court placed her on probation; instead of suspending her driving privilege, it ordered her to participate in an alcoholism treatment program under Health and Safety Code section 11837 et seq. The third conviction occurred less than a year later, while Kisielius was still on probation for the second conviction and participating in the treatment program. The municipal court ordered she “be permitted to complete” probation, on condition she comply With the court’s September 1978 order. The order also stated, “. . . the Court declines to take a position regarding the power of the California Department of Motor Vehicles to revoke [Kisielius’] driving privilege.” On August 31, 1979, the DMV notified Kisielius it had revoked her driving privilege, effective July 3, 1979. Contending the DMV lacked power to do so…