Wilson

California Highway Patrol Officer R. C. Madrigal determined that Raymond William Wilson, who had suffered a single-car accident, had driven with a blood-alcohol concentration of .13 percent. Madrigal submitted his sworn report to the Department of Motor Vehicles (DMV); the report stated the blood-alcohol result was based upon the result generated by the breath testing instrument used by Madrigal to test Wilson.

Under the “administrative per se” provisions of the Vehicle Code, DMV suspended Wilson’s driving privilege; that determination was sustained during DMV’s internal administrative review. Wilson then contested the suspension at an administrative hearing. The same sworn documents prepared by Officer Madrigal constituted the evidence supporting the suspension. Wilson objected that this evidence was hearsay and lacked foundation. The objection was overruled. Although he testified regarding hardships that would result from the suspension, Wilson presented no evidence contrary to the validity of his arrest and the accompanying test result. DMV sustained its earlier findings and ordered the suspension.

In superior court, Wilson challenged the DMV ruling, claiming the…