Smith v. Department of Motor Vehicles

The issue decided in this case is that a police officer has not exceeded his authority under the implied consent law by determining with respect to a driver arrested for driving under the influence of alcohol that it was feasible to administer only one of the three chemical tests—the blood test—because of the driver’s injuries and apparent need for medical attention.

The Department of Motor Vehicles (hereinafter DMV) appeals from a judgment granting the petition of Tim Smith for issuance of a peremptory writ of mandate directing the DMV to set aside its order suspending Smith’s driving privilege for six months based on his refusal to submit to a blood test following his arrest for driving while under the influence of alcohol. (Veh. Code, § 13353.) We reverse.

I. Facts and Procedure

While driving his automobile, Smith was involved in a nighttime accident. An officer of the California Highway Patrol who responded to the accident call found the injured Smith within his vehicle pinned against a telephone pole such that the assistance of the fire department was required to pry the vehicle open to remove him. The officer detected a strong odor of alcohol on Smith’s breath…