Lampman

The Department of Motor Vehicles, pursuant to Vehicle Code section 13353, suspended Sylvia Jean Lampman’s driver’s license for six months for her failure to submit to a chemical test to determine the alcoholic content of her blood. By writ of mandate the superior court vacated the department’s suspension order. The department has appealed.

At 2:20 a.m. on 31 January 1971 California Highv/ay Patrol Officer Patterson arrested Miss Lampman for driving a vehicle on the Ventura Freeway while under the influence of intoxicating liquor. He advised her she had a right to remain silent and a right to an, attorney. When she was asked if she understood her rights, she remained silent. Officer Patterson then advised Miss Lampman that she was obligated to submit to a chemical test and that failure to submit to the test would result in the suspension of her driving privilege for six months. She said nothing. He next read to her from a prepared form: “You are requested 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. A refusal will result in the suspension of your driving…