Cahall

Following an administrative hearing, the Department of Motor Vehicles suspended the appellant’s driver’s license for a period of six months for refusal to take a chemical test in compliance with the pro visions of the Implied Consent Law (Veh. Code, § 13353). Appellant then sought mandamus relief in the superior court. The petition was denied and a judgment (order) entered accordingly. This appeal followed.

Inasmuch as the appellant stipulated at the time of the administrative hearing that probable cause for arrest existed and that a lawful arrest for driving under the influence of intoxicating liquor was effected, the only significant issue requiring resolution by the hearing officer and the superior court was whether the appellant had refused to submit to a chemical test. Similarly, the only issue on review is whether there is sufficient evidence to sustain the administrative finding that appellant refused to comply with the statutory requirements of the Implied Consent Law.

Following the appellant’s arrest for drunk driving (Veh. Code, § 23102), the arresting officer informed him that he would have to submit to a chemical test, that he had a choice as to whether the…