What is the test for suspending a person's driving privileges under the California Highway Traffic Safety Act?

California, United States of America


The following excerpt is from Ochoa v. Valverde, H037350 (Cal. App. 2013):

administrative matter upon a showing the person was arrested for driving with a certain blood-alcohol concentration, without additional evidence of impairment. [Citation.] The express legislative purposes of the administrative suspension procedure are: (1) to provide safety to persons using the highways by quickly suspending the driving privilege of persons who drive with excessive blood-alcohol levels; (2) to guard against erroneous deprivation by providing a prompt administrative review of the suspension; and (3) to place no restriction on the ability of a prosecutor to pursue related criminal actions." (MacDonald v. Gutierrez (2004) 32 Cal.4th 150, 155.)

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