Holland

Sara Ann Holland appeals the judgment after her petition for peremptory writ of mandate to order the Department of Motor Vehicles (DMV) to set aside the suspension of her driver’s license was denied. Enforcement of the order of suspension was stayed by this court pending final determination of the appeal.

*27 Holland was arrested and charged with driving under the influence of intoxicating liquor (Veh. Code, § 23102, subd. (a)). She refused to submit to a chemical test to determine the alcoholic contents of her blood which resulted in the suspension of her license for six months. (Veh. Code, § 13353.) Holland claims and the trial court found she was emotionally upset, having fought with her husband all weekend, and this impaired her judgment and caused her to refuse to take any of the three offered tests. Holland argues this finding excused her from the implied consent law and made the suspension of her license erroneous.

Vehicle Code section 13353 states in pertinent part:

*28 A review of the evidence shows there was reasonable cause to believe Holland was driving while drunk. After waiting for a green light she failed to go twice when the left-hand directional signal…