BOBUS
BOBUS v. Department of Motor Vehicles
Opinion
Opinion
Jones, J.
Karli Ann Bobus appeals from an order denying her petition for a writ of mandate. She contends the trial court erred when it upheld an administrative decision to suspend her driver’s license because she was found to have been a person under the age of 21 who was driving with a blood alcohol concentration of more than 0.01 percent. We conclude the trial court ruled correctly and will affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On November 30, 2002, near 11:30 p.m., California Highway Patrol Officer Michael Alvarez was on duty when he noticed a car on the freeway weaving from lane to lane. Alvarez stopped the car and spoke with the driver, then 16-year-old Karli Ann Bobus. Bobus smelled of alcohol. Her eyes were bloodshot and her speech was slurred. Alvarez decided to determine if Bobus had been drinking. He administered two preliminary alcohol screening tests. Both showed Bobus had a blood-alcohol content of .022 percent. Because it is illegal for a person under the age of 21 to drive with a blood-alcohol level of 0.01 percent or more (Veh. Code, 23136, subd. (a)), Alvarez served Bobus with a notice informing her that her license was suspended. (§ 13353.2, subds. (a)(2)…