Gustafson

The Department of Motor Vehicles (DMV) appeals from that portion of a writ of mandate directing it to pay $1,185 in attorney fees to petitioner (Gustafson) under Government Code section 800. The DMV suspended Gustafson’s driver’s license after determining that he had been arrested for driving with a blood-alcohol level of .08 percent or more. (Veh. Code, § 13353.2, subd. (a)(1).) A driver safety officer from the DMV later concluded, in a letter to Gustafson’s attorney, that the suspension could not be lifted upon Gustafson’s submittal of a municipal court minute order showing a not guilty finding on the .08 percent charge. (See Veh. Code, § 13353.2, subd. (e).)

Government Code section 800 specifies that “[i]n any civil action to appeal or review the award, finding, or other determination of any administrative proceeding . . . where it is shown that the award, finding, or other determination of the proceeding was the result of arbitrary or capricious action or conduct by a public entity or an officer thereof in his or her official capacity, the complainant if he or she prevails in the civil action may collect reasonable attorney’s fees,” not to exceed $7,500.

We reverse…