Pekin

INTRODUCTION

The Department of Motor Vehicles (the DMV) appeals from the judgment of the trial court granting the petition of Guldin Pekin for writ of mandate (Code Civ. Proc., § 1094.5) and directing the DMV to revoke its suspension of her driving privilege for one year based on her failure to complete a chemical test. The issue is whether the evidence supports the trial court’s finding the arresting peace officer abused his discretion in determining Pekin “fail[ed] to complete, a chemical test” pursuant to Vehicle Code section 13353.1 We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. The arrest and testing We examine the record according to the usual rules of appellate review. (Lake v. Reed (1997) 16 Cal.4th 448, 456-457.) On July 9, 2011, California Highway Patrol Officers Sapp and Olsen stopped Pekin on suspicion of driving under the influence of alcohol after she weaved out of her lane on the Hollywood Freeway and forced another car to take evasive action to avoid a collision. Officer Sapp concluded Pekin was intoxicated based on a “strong” smell of alcohol emitting from the vehicle and on observing Pekin’s bloodshot and watery eyes, and slurred and soft speech. Pekin…