Peretto

—Vehicle Code section 13353.2 directs the Department of Motor Vehicles (the DMV) to suspend the driver’s privilege of a person who was “driving or was in actual physical control of a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood.” Section 13558 entitles a driver to request what is in effect a presuspension administrative hearing; sections 13353.3 and 13353.6 govern the duration of any suspension and differentiate between a narrow group of holders of commercial driver’s licenses arrested while driving noncommercial vehicles and other drivers.

The DMV suspended the driver’s license of respondent John Richard Peretto after an administrative hearing pursuant to this statutory procedure. The trial court issued a writ of mandate directing the DMV to set aside the suspension, on the ground that the statutory scheme violated equal protection principles. We conclude that court’s equal protection analysis was erroneous; we also conclude that the presuspension administrative hearing available to drivers comports with the requirements of due process. Therefore we reverse the order and direct the trial court to deny respondent’s…