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ZINK v. GOURLEY

No. B129604.

91 Cal.Rptr.2d 896 (2000)

77 Cal.App.4th 774

David ZINK, Plaintiff and Appellant, v. Steven GOURLEY, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

January 19, 2000.

Attorney(s) appearing for the Case

E. Bonnie Marshall, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Martin H. Milas, Senior Assistant Attorney General, Silvia M. Diaz and J.T. Kerry, Deputy Attorneys General, for Defendant and Respondent.

GRIGNON, J.

The Department of Motor Vehicles (DMV) is authorized to administratively suspend a driver's license if the individual refused to submit to chemical testing to determine blood alcohol concentration or if the individual drove a motor vehicle with an excessive blood alcohol concentration. Under certain circumstances, a suspension for excessive blood alcohol concentration may be mitigated to a restricted license if the individual holds a commercial driver...

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