Murphey

*1055 I.

INTRODUCTION

In this appeal, we consider whether the trial court erred in granting a petition for writ of administrative mandate ordering the Department of Motor Vehicles (the Department) to rescind an order suspending the driver's license of a person arrested for driving under the influence ( Veh. Code, § 23152, subd. (a) ) 1 and awarding attorney fees and costs to the person. We reverse the trial court's order granting the writ petition and awarding attorney fees and costs and remand the matter to the trial court with directions to deny the petition in its entirety.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The arrest and driver's license suspension

California Highway Patrol Officer M. Oka 2 arrested respondent Matthew D. Murphey for driving under the influence ( § 23152, subd. (a) ). The Department issued an order suspending Murphey's driver's license pursuant to the administrative per se law (§ 13353.2). 3 Murphey requested an administrative hearing in order to challenge the suspension. A Department hearing officer held a hearing and issued a written order upholding the suspension. In her order, the hearing officer found that Murphey had driven with a blood…