Manriquez

The Department of Motor Vehicles (DMV) suspended Jaime Cordova Manriquez’s driver’s license for driving with 0.08 percent or more of alcohol in his blood. (Veh. Code, § 13353.2.) An administrative hearing officer upheld the suspension, determining the arresting officer complied with state regulations requiring a 15-minute period of continuous observation before administering a breath test (Cal. Code Regs., tit. 17, § 1219.3, hereafter regulation 1219.3). The trial court granted Manriquez’s ensuing petition for writ of mandate on the ground the observation criterion was not satisfied. On appeal, the DMV contends (1) the trial court erred by-concluding the officer’s observation of Manriquez did not comply with the regulation; and (2) even if the officer did not comply, Manriquez did not establish the violation resulted in an inaccurate test result.

We conclude the trial court based its ruling on an incorrect interpretation of the regulation setting forth the continuous observation requirement and, as a result, erred by concluding Manriquez’s evidence was sufficient to rebut the presumption the arresting officer properly performed the breath test. We therefore reverse the…