Wegner v. Department of Motor Vehicles

—The Department of Motor Vehicles appeals from a judgment granting a writ of mandate which commands the department to set aside its order suspending respondent’s driving license for six months.

Respondent does not dispute the fact that the officers had reasonable cause to believe that he had been driving a motor vehicle on a highway while he was under the influence of intoxicating liquor. He refused to take the required tests unless an attorney or a doctor were present.

Shortly after the refusal, respondent announced that he would take a blood test. The technologist put the constricting band on…