Imachi

Clifton Imachi appeals from the denial of a petition for writ of mandate by which he challenged the decision of respondent Department of Motor Vehicles (DMV) to suspend his driver’s license for driving with a blood-alcohol content greater than .08 percent. He contends that respondent’s decision was based upon improper evidence and that the hearing violated his right to due process. We find merit in the former contention and reverse.

Statement of the Case and Facts

Appellant was arrested for driving under the influence of alcohol at 1:15 a.m. on January 22, 1991. On a “DL 367” form, the arresting officer, Michael A. Branch, recorded his observation of appellant weaving from left to right within his traffic lane and crossing into the adjacent lane and noted that appellant displayed bloodshot/watery eyes, slurred speech and unsteady gait and smelled of alcohol. The form further indicated that appellant submitted to a blood test to determine his blood-alcohol concentration. Appellant was issued an administrative per se order of suspension/revocation temporary license endorsement notifying him that his privilege to operate a motor vehicle would be suspended or revoked…