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HERNANDEZ v. DEPARTMENT OF MOTOR VEHICLES

Docket No. L.A. 31345.

30 Cal.3d 70 (1981)

634 P.2d 917

177 Cal. Rptr. 566

ERNESTO GONZALES HERNANDEZ, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

Supreme Court of California.

October 22, 1981.

Attorney(s) appearing for the Case

COUNSEL

Owen P. Rafferty and Philip A. Rafferty for Plaintiff and Appellant.

George Deukmejian, Attorney General, and Martin H. Milas, Deputy Attorney General, for Defendant and Respondent.

OPINION

TOBRINER, J.

Since 1966, section 13353 of the Vehicle Code — California's "implied consent" law1 — has provided for a six-month suspension of an individual's driver's license when the individual, after having been lawfully arrested for drunk driving and fully informed of his rights, refuses to submit to any one of three statutorily prescribed chemical tests which are designed to provide...

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