Fisette

The superior court granted respondent William J.

Fisette’s petition for a writ of mandate ordering Sally Reed, then Director of the Department of Motor Vehicles (DMV), to set aside DMV’s decision suspending Fisette’s driver’s license for driving drunk with a blood-alcohol level in excess of .08 percent. 1 (Veh. Code, § 13353.2, subd. (a)(1).) DMV claims the court erred in finding that the arresting officer did not properly administer a urine test that found Fisette’s blood-alcohol level to be .16 percent, twice the legal limit. DMV’s claim is valid. We reverse the order granting a writ of mandate.

*229 Discussion

Fisette concedes, for the purpose of judicial review, that the arresting officer had probable cause to arrest him for driving drunk, and that his blood-alcohol level tested at .16 percent. Fisette also seems to concede that DMV’s license suspension decision should be upheld if the arresting officer complied with the regulation governing administration of urine tests of blood-alcohol levels. The sole issue on appeal is whether the arresting officer complied with the governing regulation.

The regulation provides: “The only approved urine sample shall be a…