Reyes
Reyes v. Department of Motor Vehicles
Opinion
Lead Opinion
Roth, J.
Appellant was arrested on January 27, 1983, for driving while under the influence of an alcoholic beverage, in violation of Vehicle Code section 23152, subdivision (a). After the arresting officer executed a statement that appellant had failed to complete a chemical test agreeably with Vehicle Code section 13353, the Department of Motor Vehicles (Department) issued an order suspending appellant’s driver’s license for a period of six months. Following a hearing wherein appellant contested this determination, the suspension order was upheld. Appellant then petitioned the superior court for a writ of mandate, alleging that the Department’s decision was without evidentiary support. Denial of that petition occasioned this appeal. We affirm.
At the time of his arrest, having been transported to the police station and advised he could submit to chemical testing procedures involving breath, blood, or urine, appellant chose the urine test, the mechanics of which required him to first void his bladder and, after 20 minutes, to provide a urine sample. While appellant was voiding, the arresting officer noticed that only one bottle of the kind used in the test remained in the…