Buchanan

The Department of Motor Vehicles appeals from judgment granting the petition of Robert Buchanan for peremptory writ of mandate to direct the department to set aside its order suspending Buchanan’s driving privilege for six months for his refusal to submit to a chemical test to determine the alcoholic content of his blood following his arrest for driving a motor vehicle while under the influence of intoxicating liquor. (Veh. Code, § 13353.)

At the administrative hearing before the department, it was stipulated that the arresting officer had reasonable cause to believe that Bu chanan was driving under the influence of intoxicating liquor, and that his arrest was lawful. The officer then testified: at the time of the arrest, reading from a form, he advised Buchanan that he was required by law to submit to a chemical test to determine the alcoholic content of his blood, that he had a choice of whether the test was to be of his blood, breath or urine, and that if he refused to submit to a test or to complete a test his driving privilege would be suspended for six months; Buchanan replied that he would tell the officer which test he wanted when they reached the police station;…