Johanson

The Department of Motor Vehicles (DMV) appeals from the superior court’s grant of mandamus overturning the administrative license suspension of respondent Dr. Craig A. Johanson. The court below found Johanson was not properly arrested for driving under the influence of alcohol. We disagree and reverse.

Statement of the Case

Johanson was arrested on October 21, 1993, for driving under the influence of alcohol, a violation of Vehicle Code section 23152, subdivision (a). When he refused to submit to a chemical test of his blood-alcohol level, a blood sample was drawn involuntarily. He was immediately notified that, unless he requested an administrative review hearing, his driver’s license would be suspended under section 13353 for refusing to submit to a chemical test. Upon Johansen’s timely request for a hearing, the suspension was stayed.

The administrative hearing was conducted on December 14, 1993. The following day, the hearing officer issued a written notice of findings and decision, lifting the stay and reinstating the suspension. On December 20, Johanson requested departmental review of the hearing officer’s decision (§ 14105.5).

On March 22, 1994, DMV issued its…