Morphew

The department of Motor Vehicles (hereafter DMV) appeals from a judgment of the Superior Court of Monterey County granting a peremptory writ of mandate to vacate an order suspending respondent’s driver’s license. Respondent has not filed a brief. We have concluded that the order of the DMV was correct and that the judgment of the superior court should be reversed.

At the administrative hearing before the DMV, Monterey Police Officer Tognotti testified that at approximately 2 a.m. on January 25, 1980, he noticed respondent Roy Morphew driving with excessive speed, rapid acceleration, and without maintaining control of his vehicle. Respondent displayed the typical symptoms of intoxication when he exited his vehicle, that is, lack of balance, odor of alcohol, slurred speech, and bloodshot eyes. Owing to uneven terrain at the location of the stop, the arresting officer transported respondent to the police station to perform the field sobriety test.

En route to the station, the officer advised respondent that he had a choice between a blood, breath, or urine test, and that the officer would read him something pertaining to the test when they arrived at the station so that…