Pyburn

The Department of Motor Vehicles (DMV) appeals from a judgment granting William Pybum’s petition for a writ of mandate and ordering DMV to reinstate Pybum’s driving privilege. For reasons we shall explain, we reverse the judgment.

Facts

On October 11, 1991, Pybum was involved in an accident that caused bodily injury. A peace officer investigating the accident believed Pybum was driving under the influence of alcohol and asked him to submit to a chemical test. Pybum refused. As a consequence, DMV suspended his license pursuant to the state’s “implied consent” law, from December 9, 1991, through December 8, 1992. Pybum timely requested an administrative hearing “to show that the suspension is not justified.” However, following the hearing, DMV determined that the suspension was “proper and required.”

Four months after the accident, Pybum pleaded no contest in the Monterey County Municipal Court to driving under the influence of alcohol causing bodily injury (§23153). He was sentenced in February 1992 to 20 days in jail, and was placed on probation. Among the conditions of probation was that he attend a first-time offender program. That condition was removed by the court,…