Shaffer

Jack Percy Shaffer appeals from a judgment denying a writ of mandate to annul an order of respondent Department of Motor Vehicles suspending appellant’s driver’s license for refusal to submit to a chemical test of blood alcohol content as required by Vehicle Code section 13353.

It is conceded by the Attorney General that the holder of a motor vehicle operator’s license is deemed to have consented to submit to blood alcohol testing only in an instance where there has been “a lawful drunk *700 driving arrest.” (See Veh. Code, § 13353, subd. (a).) Appellant contends that he was not lawfully arrested for drunk driving (Veh. Code, § 23102), pointing out that the police officer who investigated the hit-run incident, in which appellant had been involved, did not see appellant commit drunk driving, which is a misdemeanor. It is true that, as a -- general rule, a peace officer may make a misdemeanor arrest without a warrant only where the offense has been committed in the presence of the officer (Pen. Code, § 836). It was held in People v. Walker (1962) 203 Cal.App.2d 552 [ 21 Cal.Rptr. 692 ], that without a warrant a police officer was not authorized to make an arrest for a…