Pawlowski

Introduction

Plaintiff Jack Pawlowski appeals from a judgment denying his petition for a peremptory writ of mandamus and upholding the suspension of his driver’s license by the Department of Motor Vehicles (DMV).

Statement of Facts

On February 9, 1986, Officer David Johnson of the Whittier Police Department testified he stopped plaintiff after observing him driving with his vehicle straddling the center divider and stopping with his vehicle partially in the intersection. His observations of plaintiff and plaintiff’s performance on field sobriety tests led him to the opinion plaintiff was driving under the influence of alcohol, and he arrested plaintiff. He advised plaintiff of the need to submit to a chemical test or his driver’s license would be suspended or revoked for a period of six months to three years. He gave plaintiff the choice of a breath, blood or urine test; plaintiff said he wanted a breath test. Officer Johnson placed plaintiff in the police vehicle and started for the Norwalk sheriff’s station, where breath tests were administered, when plaintiff said he changed his mind and wanted a blood test. Officer Johnson drove him to a hospital and filled out the…