Dunlap v. Department of Motor Vehicles

Opinion

VAN AUKEN. *

The sole issue in this proceeding is whether or not an arresting officer is required to provide, to a suspected drunk driver, an additional opportunity to complete either a blood, breath or urine test after that driver initially has refused to comply with the requirements of California Vehicle Code section 13353 subdivision (a)(2). 1 As we shall explain, the trial court was in error when it ruled that the police officer was required to “reoffer” the blood test to the respondent herein. Accordingly, we reverse the judgment of the trial court and reinstate the original…