ROZE

The Department of Motor Vehicles (the DMV) appeals a judgment granting Erik Roze’s petition for writ of administrative mandamus and ordering the DMV to set aside its order suspending Roze’s driver’s license. The court ruled the evidence at the administrative hearing did not support the hearing officer’s finding that Roze was driving with a blood-alcohol content (BAC) in excess of 0.08 percent, in part because roadside preliminary alcohol screening (PAS) tests showing Roze had 0.104 and 0.108 BAC were unreliable. The DMV contends the court erred by declining to give the PAS test results any weight in determining Roze’s BAC; that the DMV’s evidence on that element was undisputed and supported by the proper foundational requirements, and there is no basis for the court’s conclusion that the PAS tests were unreliable. We conclude the court’s factual determination as to the weight of the PAS test evidence is supported by substantial evidence, and accordingly affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

At about 6:30 a.m. on April 24, 2005, California Highway Patrol (CHP) Officer Leonard Chase stopped Roze on southbound Interstate 5 after witnessing him driving at a…