In Nick v. Department of Motor Vehicles (1993) 12 Cal. App. 4th 1407, the First District Court of Appeal affirmed the trial court's refusal to grant a writ of mandate compelling the Department of Motor Vehicles to restore a driver's license suspended from a driver arrested for violating section 23152. The driver contended the evidence did not support the Department's conclusion his blood-alcohol level was .08 percent or higher. A "field breath testing unit" indicated the driver had a blood-alcohol level of .078 percent. Two chemical breath tests administered one-half hour after the arrest indicated he had a level of .08 and .09, respectively. Defendant argued the three tests, taken together, demonstrated his blood-alcohol level was rising. The appellate court stated the first test performed in the field was not admissible into evidence. "The field sobriety test, of course, is used not to establish blood-alcohol levels for purposes of . . . section 13353.2, but to aid the police in determining if cause exists to arrest an individual. Furthermore, these tests are not performed on equipment licensed for the purpose of establishing blood-alcohol levels and, accordingly, there is no foundation for admitting the results." (12 Cal. App. 4th at p. 1417, 1418 & fn. 6.)