Kessler

Petitioner Kenneth Eldon Kessler appeals from the judgment denying his petition for a writ of mandamus in which petitioner sought to compel respondent Department of Motor Vehicles to vacate its order suspending petitioner’s driving privilege for one year pursuant to Vehicle Code section 23157 on the ground petitioner refused to submit to a blood-alcohol test after his arrest for driving under the influence of alcohol.

Statement of Facts

Petitioner was lawfully arrested for a violation of Vehicle Code section 23152, driving under the influence of alcohol, on December 9, 1990, in the city of Bishop. The arresting officer properly advised petitioner of petitioner’s obligations under Vehicle Code section 23157, the implied consent law, and petitioner selected a urine test. The arresting officer took petitioner to a holding cell facility to administer the test and explained the urine collection procedure to petitioner. Specifically, the arresting officer told petitioner it would be necessary for petitioner first to empty his bladder of all urine and after waiting a period of 20 minutes after petitioner’s initial voiding of his bladder, petitioner would be required to produce…