Thompson

Statement of the Case

Following an administrative hearing, respondent’s driver’s license was ordered suspended for six months by the Department of Motor Vehi cles. The basis for the department’s action was Vehicle Code section 13353, which provides for such suspension when a motorist lawfully arrested for driving under the influence of intoxicating liquor refuses to submit to one of three chemical tests for the purpose of determining the level of intoxication.

After the department ordered the suspension, respondent sought review of the order and was granted a writ of administrative mandate in the superior court. The superior court made its own factual findings and ordered the department to vacate its order of suspension. The findings of the superior court which were the basis for its issuance of the writ may be summarized as follows: (1) the police officer who stopped respondent’s vehicle did not adequately meet his burden of warning the motorist of the consequences of refusal to undergo one of the required tests; (2) at the time when the officer was attempting to give the required warning, there was interference from a radio transmission on the police vehicle’s radio…