Coombs

This appeal concerns the proof of a person’s blood-alcohol concentration needed to sustain an “administrative per se” suspension of that person’s license to drive. Before reciting the particulars of the instant case, we synopsize, in relevant part, the statutory scheme involved.

A law went into effect on July 1, 1990, authorizing the Department of Motor Vehicles (DMV) to revoke a person’s privilege to drive a motor vehicle for either six months or one year for driving with a concentration of alcohol in his or her blood equal to or in excess of .10 percent. (Stats. 1989, ch. 1460, § 1 et seq.) After arresting an individual for driving with an excessive concentration of alcohol in his or her blood, a peace officer confiscates the driver’s license immediately; simultaneously, the peace officer issues a 45-day temporary permit. (Veh. Code, § 13353.2, subds. (a) and (b); § 23158.5, subds. (a) and (b).)

Based upon the peace officer’s sworn report, the DMV is then required to review the officer’s determination and make its own determination of the facts by a preponderance of the evidence; this ruling is final unless the driver timely requests a hearing. (§ 13353.2, subd. (d);…