Mercer v. Department of Motor Vehicles

Opinion

LUCAS, C.J.

—The superior court issued a writ of mandate directing the Department of Motor Vehicles (DMV) to set aside its order revoking Barrie Gray Mercer’s driving privileges after Mercer refused to submit to chemical testing following his arrest for driving under the influence of alcohol. (See Veh. Code, § 23157, subd. (a)(1) 1 [driver’s implied consent to chemical testing following “lawful arrest” for violation of § 23152]; § 23152, subd. (a) [hereafter section 23152(a)] [unlawful for any person who is “under the influence” of alcohol or drugs to “drive a vehicle”]; § 13352, subd.…