White v. Department of Motor Vehicles

*796Opinion

EPSTEIN, P. J.

The issue in this appeal from denial of an administrative mandate petition (Code Civ. Proc., § 1094.5) is whether the driver of a motor vehicle refused to take a chemical test as required by Vehicle Code section 13353.1 The trial court upheld the decision of the Department of Motor Vehicles (DMV), made after an administrative hearing, that there had been a refusal. The facts indicate that the driver selected a blood test, and refused a breath test both before the blood test was attempted and after it appeared that the blood test could not be properly administered, and a…