Schaeffer

This is an appeal by the People, as real party in interest, from a writ of prohibition granted by the superior court to Harry Edward Schaeffer, ordering the municipal court "to absolutely and permanently desist and refrain from the trial" to determine whether Schaeffer was guilty of drunk driving.

[1] The People dispute the conclusion of the trial court that Schaeffer, earlier arrested and charged with misdemeanor drunk driving, was deprived of his right to counsel in violation of the due process clause of the federal Constitution. We have determined that the writ of prohibition was improperly granted.

The facts, which are not in dispute, disclose that at about 11:45 p.m. on March 15, 1967, the California Highway Patrol stopped Schaeffer, who was driving erratically, and gave him a field sobriety test which he failed to pass. The officers then arrested him on suspicion of violating section 23102, subdivision (a) of the California Vehicle Code and promptly advised him of his right to have an attorney. He was taken in custody to the county breathalyzer testing facility where he was offered a choice of chemical tests to determine the degree of his inebriation. (Veh.…