White

*796 Opinion

The issue in this appeal from denial of an administrative mandate petition (Code Civ. Proc., § 1094.5) is whether the driver of a motor vehicle refused to take a chemical test as required by Vehicle Code section 13353. 1 The trial court upheld the decision of the Department of Motor Vehicles (DMV), made after an administrative hearing, that there had been a refusal. The facts indicate that the driver selected a blood test, and refused a breath test both before the blood test was attempted and after it appeared that the blood test could not be properly administered, and a breath test was again offered. We conclude the trial court ruled correctly, and affirm.

FACTUAL AND PROCEDURAL SUMMARY

There is no dispute over the facts underlying the arrest in this case. California Highway Patrol (CHP) Officer Adrian Ayala stopped a vehicle driven by appellant Linda White because the car’s headlamps were not on and it was nighttime. On approaching the vehicle, the officer observed signs that the driver was under the influence of alcohol. He directed her to exit the vehicle, then performed some field sobriety tests and preliminary alcohol screening tests. Satisfied that Ms. White…