Vanhouten

INTRODUCTION

These two consolidated appeals concern the issue of telephonic testimony about

blood alcohol content (BAC) at an administrative hearing involving a driver’s license

suspension. Appellants are the Department and the Director of Motor Vehicles (DMV).

Respondents are Brian Gene Vanhouten and Maryann Gardella, the drivers who were the

subjects of the suspension hearings.

Vehicle Code section 13353.21 provides for immediate suspension of the privilege

to operate a motor vehicle “when the person had 0.08 percent or more, by weight, of

alcohol in his or her blood.” (§ 13353.2, subd. (a)(1).) At the administrative hearing,

Vanhouten objected to telephonic testimony from the arresting officer about the results of

the breath test administered by the officer. Gardella objected to telephonic testimony by

a criminalist about the results of BAC analysis. The administrative hearing officers

allowed the telephonic testimony of both witnesses and Vanhouten and Gardella’s

licenses were suspended.

After respondents each filed an administrative writ petition, the superior court

All statutory references are to the Vehicle Code unless otherwise identified.

2 granted the…