Supreme Court of California

Implied consent to chemical sobriety testing pursuant to Vehicle Code section 23612 applies broadly and generally to "those who drive", that is, to those who take advantage of the public streets, roads, and highways to operate motor vehicles in California. However, the statute does not require proof of actual driving immediately prior to lawful arrest for driving while under the influence of alcohol or a drug. Also, revocation or suspension of a license under Vehicle Code section 13353 and related statutes for refusal to submit to chemical testing under the implied consent law similarly does not require proof that the person actually was driving immediately prior to the arrest.

Appellate Information

• Decided 04/26/2007
• Published 04/26/2007

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Andrea Lynn Hoch, Chief Assistant Attorney General, Taylor S. Carey, Acting Chief Assistant Attorney, General, Jacob A. Applesmith, Assistant Attorney General, Miguel A. Neri, Fiel D. Tigno and Raymond W. Hamilton III, Deputy Attorneys General, for Defendant and Appellant., Law Office of John Halley and John A.W. Halley, Redwood City, for Plaintiff and Respondent.