Jones

On November 15, 1975, appellant was arrested for driving under the influence of intoxicating liquor (Veh. Code, § 23102, subd. (a)). A formal hearing took place at the Department of Motor Vehicles as to suspension of appellant’s driving privilege in California. At the hearing the parties stipulated that the arresting officer had reasonable cause to believe that appellant was under the influence and that the arrest was lawful. Officer McClain testified that after arresting appellant he placed him in the back of the patrol car and read him the admonition required by Vehicle Code section 13353, stating as follows: “You are required by state law to submit to a chemical test to determine the alcoholic content of your blood. You have a choice of whether the test is to be of your blood, breath or urine. If you refuse to submit to a test or fail to complete a test your driving privilege will be suspended for a period of six months. You do not have the right to talk to an attorney or to have an attorney present before stating whether you will submit to a test, before deciding which test to take, or during the administration of the test chosen.” Appellant told Officer McClain that…