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Cole v. Department of Motor Vehicles2/14/1983
epartment of Motor Vehicles (1971) 16 Cal. App. 3d 491 [94 Cal. Rptr. 182]; Buchanan v. Department of Motor Vehicles, supra, at p. 299.) Under the circumstances, the only fair meaning that can be drawn from respondent's conduct is that he refused to submit to any chemical test.
Respondent goes on to argue that even though he may have been reluctant to comply with the officer's request, there was no refusal because he did in fact "complete" the test administered. He reasons that section 13353 is written in the disjunctive and requires an arrestee either to "submit to" or "complete" any one of three tests. Since a reviewing court must interpret legislation reasonably and give effect to the apparent legislative purpose of a statute, we must reject respondent's contention.
It has long been settled that compliance with the implied consent law consists of completing, not merely attempting one of the three blood alcohol tests offered. (Skinner v. Sillas (1976) 58 Cal. App. 3d 591, 598 [130 Cal. Rptr. 91].) "Public policy dictates that the suspected drunken driver not be allowed to evade giving the best evidence of his offense by the pretext of partial compliance. (Cahall v. Department of Motor Vehicles (1971) 16 Cal. App. 3d 491, 496. . . .)" (Miles v. Alexis (1981) 118 Cal. App. 3d 555, 559 [173 Cal. Rptr. 473].)
Inherent in the objective of obtaining the "best" evidence of an individual's blood alcohol level is the need that the test be completed in a timely fashion. The individual may not, when asked, refuse the test and then at his leisure later "complete" a test in his own time.
In light of the above cited authority and the entire statutory scheme, it is clear that the word "complete" is subject to only one reasonable interpretation. Once an arrestee has voluntarily submitted to a chemical test, he must complete the test (or choose one that he is able to complete) or face the very strong possibility that his conduct will be construed as a refusal. In the case under review, there was no voluntary submission on the part of respondent to any of the blood alcohol tests offered by the arresting officer. The fact that a blood sample ultimately was obtained and the test completed is of no significance. Accordingly, there was no compliance with the provisions of section 13353. The evidence unequivocally supports the department's finding that respondent refused to submit to a test of his blood, breath or urine when requested to do so by the officer.
The judgment is reversed. The matter is remanded to the trial court with directions to enter a new and different judgment denying the petition for mandate.
Disposition
The judgment is reversed. The matter is remanded to the trial court with directions to enter a new and different judgment denying the petition for mandate.
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