What is the difference between a failure to produce a measurable breath sample and later refusal to submit to a blood test?

chemical test; it was her refusal to then submit to the blood test -- about which there is no dispute -- that triggered the notice of suspension. (See Fitzpatrick v. Department of Motor Vehicles (1993) 13 Cal.App.4th 1771, 1775 [failure to comply with implied consent law resulted not from failure to produce measurable breath sample but later refusal to submit to blood test].) As a matter of law, the weight of the evidence does not support a finding contrary to that of the administrative hearing officer.

The judgment is reversed. Appellant to recover costs on appeal.