Mosier

The Department of Motor Vehicles (DMV) appeals from a judgment granting a writ of mandate (Code Civ. Proc., § 1094.5) directing it to set aside an order suspending Charles Ray Mosier’s driving privilege. Mosier’s license was suspended under Vehicle Code section 13353.2, subdivision (a), after he was arrested for driving with a blood-alcohol level of .08 percent or higher in violation of section 23152, subdivision (b). The DMV contends the trial court erred in concluding the subsequent dismissal of the charge was the equivalent of an acquittal under section 13353.2, subdivision (e), which requires reinstatement of his driving privilege if he was “acquitted” of the criminal charges leading to the license suspension. We reverse.

In April 1991 Mosier was arrested and charged with driving under the influence (§ 23152, subd. (a)), driving with a blood-alcohol level of .08 percent or higher (§ 23152, subd. (b)) and reckless driving (§ 23103). The DMV immediately issued an administrative order temporarily suspending his license. The DMV subsequently found Mosier had been driving with a blood-alcohol level of .08 percent or higher because his car had been observed weaving, when…