Valverde

Ronald M. Austin appeals from the court’s dismissal of his petition for writ of mandate ordering the Director of the Department of Motor Vehicles (DMV) to set aside DMV’s suspension of his driver’s license for refusing to submit to a chemical test of his blood-alcohol concentration (BAC). We remand for further proceedings in the trial court to permit appellant to prosecute his petition with the assistance of a copy of the transcript from the DMV administrative hearing that led to suspension of his license.

FACTS AND PROCEEDINGS

On July 4, 2010, California Highway Patrolman T. Dalton arrested appellant for suspected drunk driving. Patrolman Dalton transported appellant to Ventura County Medical Center for a chemical test of appellant’s BAC. Appellant alleges a dispute developed at the medical center between him and the patrolman about the types of chemical tests available to measure his BAC. Appellant expressed a preference for a urine test, but the patrolman informed him a urine test was not an “option.” Accordingly, appellant submitted to a blood test. The administrative record contains what appears to be a report from the Ventura County Sheriff’s Office forensic…