Morgan

Plaintiff (hereafter referred to as petitioner) appeals from a judgment denying his petition for a writ of mandate in which he sought to compel the Department of Motor Vehicles to vacate its order suspending his driving privilege for refusal to submit to a chemical test pursuant to Vehicle Code section 13353, the “implied consent law.” We affirm.

Factual and Procedural Background

On May 1, 1982, petitioner was lawfully arrested for driving under the influence of an intoxicating beverage. (§ 23152, subd. (a).) The arresting officer advised petitioner that he was required to submit to a blood alcohol analysis (§ 13353), and that he had a choice of a blood, breath or urine test. The officer further advised petitioner, “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.” Petitioner replied, “I don’t want to take any fucking test.” During the entire episode after his arrest, petitioner was very angry and verbally abusive. However, the officer advised petitioner that petitioner could change his mind at any time and submit to a test.

Instead of proceeding directly to the county jail for booking,…