Burnstine

John Mitchell Burnstine was arrested for driving under the influence of alcohol. According to the officer’s statement, when Bumstine was asked to take a blood, breath, or urine test, he refused: “[Driver] Burnstine very uncooperative in answering questions. Chem[ical] test admonition] read twice. [Driver] Burnstine interrupted and changed subjects repeatedly. When asked which test he wanted to take [driver] Burnstine shrugged shoulders and refused to answer.” Based on the officer’s statement, the Department of Motor Vehicles (DMV) issued an administrative per se order suspending Bumstine’s driver’s license. (Veh. Code, § 13353.) Burnstine requested a departmental review of the suspension. The administrative order was upheld and Burnstine never contested it.

Meanwhile, a criminal complaint was filed alleging Burnstine had been driving under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a). The complaint further alleged Burnstine willfully refused to complete a blood, breath, or urine test. Following a jury trial, a mistrial was declared (the vote was 10-2 for acquittal). Burnstine then pled guilty to a charge of resisting arrest (Pen.…