Garcia

The Department of Motor Vehicles (DMV) suspended Benito Garcia’s (Garcia) driving privileges for refusal to submit to, or failure to complete, a chemical test for blood-alcohol content (Veh. Code, § 13353, subd. (a)(1)). Garcia sought an order from the trial court, via petition for writ of administrative mandamus (§ 13559, subd. (a); Code Civ. Proc., § 1094.5), directing the DMV to set aside the suspension. He appeals the trial court’s denial of his petition. Garcia argues that he did not refuse a chemical test of his blood-alcohol content. We affirm.

I. Factual and Procedural Background

A. Arrest

On December 6, 2008, at approximately 12:24 a.m., San Francisco Police Department (SFPD) Officers McNamara and Khan were on duty and driving their patrol car southbound on Mission Street. McNamara observed a black Ford Explorer driving ahead of him that, without any warning or signal, swerved over the center, double yellow line. After the Ford returned to its lane, it slowed from about 20 miles per hour to about seven miles per hour. The Ford then sped back up to about 25 miles per hour. McNamara pulled the vehicle over.

McNamara contacted the driver, later identified as…