Thomas

*14 Opinion

Respondent was stopped by police officers while he was driving his automobile in the early morning hours of January 30, 1978, and was subsequently arrested for violation of Vehicle Code section 23102, subdivision (a) (driving under the influence of intoxicating liquor.) Having failed to submit to any of the chemical tests specified in Vehicle Code section 13353 and having been later advised by appellant of the suspension of his driver’s license, he thereafter was afforded a hearing, all in accordance with subdivisions (a), (b) and (c) of that statute.

The referee before whom the hearing was held was of the opinion the suspension was improper because the testimony presented was such as to justify the conclusions respondent was initially detained on less than probable cause and therefore was subsequently unlawfully arrested. After its own review of the matter, however, appellant rejected those suggestions, made its own findings to the contrary and upheld the suspension. On respondent’s petition for mandamus pursuant to Code of Civil Procedure section 1094.5, 2 the trial court concluded: “The Court an *15 nounces its intention to find for Petitioner on the basis of…