Rice

Douglas Sims Rice was arrested for driving under the influence (Veh. Code, § 23152). He refused to submit to a field sobriety test and also refused to submit to chemical testing as required by the implied consent law. (§ 23157.) He claimed that he did not have to participate since he was not driving the car. The Department of Motor Vehicles (the Depart ment) revoked plaintiff’s driver’s license for three years in light of his two previous driving-under-the-influence convictions. (§ 13353, subd. (a).) The revocation was upheld following an administrative hearing. (§ 13353, subd. (b).) Rice petitioned the superior court for a writ of mandate compelling the Department to lift the revocation. Relying on Medina v. Department of Motor Vehicles (1987) 188 Cal.App.3d 744 [ 233 Cal.Rptr. 557 ], Rice asserted that the revocation order was invalid because the referee made no finding that he actually drove the car. The court granted the petition and the Department appeals from that order. We reverse.

California Highway Patrolman Roger Underwood was dispatched to a restaurant in San Lorenzo in response to a report by an off-duty California Highway Patrol officer, J. Goodman, who…