Maitland v. Chapman

a judgment denying a peremptory writ of mandate which he sought to require the Department of Motor Vehicles [Department] to set aside its order revoking his driving privilege.

Maitland’s license was suspended for six months following a formal administrative hearing at which he was represented by counsel. The referee appointed by the Department found that Maitland had refused to take one of the three tests required by Vehicle Code, section 13353. The referee’s findings were adopted as the findings of the Department. The petition for writ of mandate was submitted to the court on the evidence adduced at the administrative hearing. The court’s findings were the same as the findings of the referee.

The arresting officer testified at the departmental hearing, as did Maitland. In addition, the sworn statement of the officer was admitted in evidence (as provided in § 13353).

The arresting officer’s statement and testimony indicates the following facts: The officer stopped the car Maitland was driving at about 12:55 a.m. Maitland was speeding and weaving across the center divider into the wrong lanes of traffic. When he alighted from the vehicle his balance was unsteady, there was a strong odor of alcohol on his breath, his eyes were watery and bloodshot and his speech was slurred. He was asked if he had had anything to drink that night and he replied that he had 1 ‘ a whole barrel full. ’ ’ After taking one of the field balance tests, which he failed, and after refusing to take any other field tests, Maitland was placed under arrest for drunk driving and advised of his constitutional rights. In particular, he was told that he had a right to remain silent; that anything he said could be used against him; that he had a right to an attorney prior to- any questioning and that if he could not afford an attorney, one would be provided at no cost to him if he desired. He was then transported to the sheriff’s station.

Before the booking process at the station, the officer requested Maitland to submit to a chemical test to determine the alcohol content of his blood as required by section 13353. The officer told him that he had a choice of taking any one of three different-tests; that he could take either a blood, urine.

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or breath, test. The officer further told him that his refusal to take one of the tests would result in the suspension of his driving privilege for a period of six months. Maitland refused to take any of the tests and asked to see an attorney. The officer then explained to him, three additional times, the requirement that he take one of the tests and the consequences of his refusal to do so. Each statement was followed by Maitland’s refusal to take a test. He was then booked and permitted to call an attorney.