Dyer

— Following his arrest for driving under the influence of alcohol (DUI), the Department of Motor Vehicles (DMV) suspended plaintiff Paul Dyer’s driver’s license under the “administrative per se” statutes. (See Veh. Code, §§ 13353.2, 13353.3, 13382.) After an administrative hearing, the DMV upheld the suspension.

Dyer then filed a petition for writ of administrative mandate in superior court. (Veh. Code, § 13559, subd. (a); Code Civ. Proc., § 1094.5.) Citing Vehicle Code section 40800, the court granted the petition on the sole ground that the arrest was unlawful because the officer who pulled Dyer over on suspicion of DUI was driving an unmarked patrol vehicle.

On this appeal by the DMV, we shall reverse the judgment of the trial court. There was no evidentiary basis to support a finding that Vehicle Code section 40800 was violated and even if there was, the fact that the detaining officer was driving an unmarked vehicle did not render the subsequent arrest unlawful. We also reject Dyer’s argument that the arrest was invalid because another officer, who placed him under arrest, did not personally observe him driving under the influence. (Pen. Code, § 836.)

Because the…