Martin

The “Statement of the Case and the Facts” as set forth in appellant’s brief is adopted for the purposes of this opinion.

This is an appeal from a judgment denying a peremptory writ of mandate to compel respondent, Department of Motor Vehicles, to annul its order suspending appellant Richard Keathing Martin’s driver’s license.

Appellant was arrested for alleged drunk driving. On or about May 7, 1974, an accusation was filed with respondent charging appellant with willful refusal, in violation of California Vehicle Code section 13353, to submit to one of three chemical tests to determine his blood alcohol content and seeking the suspension and revocation of appellant’s driver’s license. Appellant requested and received a formal hearing on said charges. Following the hearing, respondent’s hearing officer made findings, inter alia, that appellant was arrested lawfully and that the police had reasonable cause to believe that he was driving under the influence of alcohol. On November 1, 1974, an order of suspension was issued.

Appellant filed a petition for writ of mandamus and the cause was set for hearing. After hearing, the court adopted respondent’s findings, and…