Freeman

Defendant Department of Motor Vehicles (hereinafter referred to as “the DMV”) appeals from a judgment granting a peremptory writ of mandate commanding it to set aside a decision suspending plaintiff’s driver’s license.

Deputy Sheriff Fowler, seeing plaintiff in an apparent violation of section 23102, subdivision (a), of the Vehicle Code (misdemeanor drunk driving), “stopped” him. He then summoned the assistance of a member of the highway patrol. Officer Byrd responded, arriving at the scene about 15 or 20 minutes after plaintiff had been “stopped” by the deputy *236 sheriff. Prior to Officer Byrd’s arrival, plaintiff got out of his ear. At the time Officer Byrd arrived, plaintiff was at a nearby service station.

Officer Byrd determined that plaintiff was under the influence of alcohol "due to the odor of alcohol, his bloodshot eyes and very irrational actions.” Plaintiff admitted to Officer Byrd that he had been driving his car at the time the deputy sheriff11 stopped” him.

Officer Byrd arrested plaintiff and asked him to submit to a chemical test to determine the alcohol content of his blood, but plaintiff refused. Plaintiff was informed that his driving privilege would be…