Fisk

The Department of Motor Vehicles (hereinafter DMV) appeals from a judgment mandating the DMV to set aside its decision suspending Donald Edward Fisk’s license pursuant to the implied consent statute (Veh. Code, § 13353).

Fisk was arrested by Officer Gary Blackmon of the California Highway Patrol on April 28, 1978, for driving under the influence of alcohol (Veh. Code, § 23102, subd. (a)). The arresting officer, in accordance with the implied consent statute, submitted to the DMV a written “sworn statement.” The document, entitled “Officer’s Statement, Section 13353 Vehicle Code,” recited the arresting officer’s “observations” that Fisk’s “vehicle was straddling and weaving at approx. 15 mph in a 35 mph zone,” and that Fisk “had a blank expression on his face with mouth hanging open and blood-shot eyes,” “extremely slurred” speech, “a strong odor of an alcoholic beverage on his breath” and “staggered and swayed side to side as he walked.” It further recited that the officer warned Fisk that refusal to submit to a chemical test (breath, urine or blood) to determine the alcoholic content of his blood would result in his license being suspended; and that Fisk responded by…