McDonnell v. Department of Motor Vehicles

Opinion

GOOD, J. *

This is an appeal by the Department of Motor Vehicles (DMV post) from a judgment that mandated DMV to set aside its decision suspending respondent McDonnell’s driving license for six months pursuant to California Vehicle Code section 13353. The section creates an implied consent to a chemical test—blood, breath or urine—on the part of a driver suspected of driving under the influence of intoxicating liquor. The driver may choose which he prefers. He must be informed that his failure to submit to such test or to complete it will result in a six-month suspension of his driving…