Zink

The Department of Motor Vehicles (DMV) is authorized to administratively suspend a driver’s license if the individual refused to submit to chemical testing to determine blood-alcohol concentration or if the individual drove a motor vehicle with an excessive blood-alcohol concentration. Under certain circumstances, a suspension for excessive blood-alcohol concentration may be mitigated to a restricted license if the individual holds a commercial driver’s license. The question presented in this appeal is whether a suspension for refusing to submit to chemical testing may also be mitigated to a restricted license if the individual holds a commercial driver’s license. We conclude that it may not. We affirm the judgment of the trial court denying the driver’s petition for writ of mandamus.

Facts and Procedural Background

Appellant David Zink was employed as a commercial driver and held a commercial driver’s license. On May 17, 1998, Zink was driving his own personal car when police officers stopped him because they had reasonable cause to believe he had been driving under the influence of alcohol. At the time of the stop, Zink was not driving in the course and scope of his…