Shannon

Vikki Leone Shannon appeals the denial of her writ of mandate challenging the Department of Motor Vehicles’ (DMV) suspension of her driver’s license. Shannon contends the blood-alcohol test results should not have been admitted into evidence because the requisite foundation had not been established. For the reasons stated below, we affirm.

I

On October 26, 2000, around 12:30 p.m., California Highway Patrol Officer Sparso was dispatched to investigate an accident. At the scene, Sparso observed a Mazda MX3 partially underneath a Volkswagen’s rear bumper. Shannon, sitting in the Mazda’s driver’s seat, admitted she was the driver and handed Sparso her identification.

Shannon had difficulty standing upon leaving the Mazda, and balanced herself by leaning on Sparso’s patrol car. Her speech was slurred and she appeared confused. Sparso smelled alcohol and noticed Shannon had bloodshot and watery eyes. Shannon admitted she had consumed one ounce of vodka and was unable to complete the field sobriety tests because of her poor balance.

Sparso gave Shannon three separate preliminary alcohol screening (PAS) breath tests, using an Aleo-Sensor IV machine. The first sample showed…