Ormonde

Plaintiff appeals from denial of his petition for a writ of mandamus (Code Civ. Proc., § 1094.5) to compel the Depart ment of Motor Vehicles (DMV) to vacate its suspension of his driver’s license (Veh. Code, § 13353).

The facts are not in dispute. Patrolman Wolf of the Tracy Police Department stopped the vehicle plaintiff was driving after observing it cross the double yellow line several times within a short distance. After administering a set of field sobriety tests, which plaintiff “failed,” Wolf told plaintiff he was being detained for possible drunk driving, placed him in the back seat of his patrol car, and transported him to the police station for chemical testing. On the way to the station, Wolf told plaintiff about the chemical tests and advised him he “could” lose his driver’s license if he refused to take one of the tests. He also said if plaintiff “passed” a chemical test he would be released and returned to his vehicle.

When they arrived at the station, Wolf again explained that defendant “could” lose his license if he refused a test. Plaintiff’s response was that he wanted to talk to his attorney. Wolf told plaintiff he did not have the right , to see an…