Bergstrom v. Motor Vehicles Division

Respondent’s driver’s license was suspended, because he refused to submit to a breath test. ORS 813.410(1). He requested a hearing, and the Motor Vehicles Division (MVD) upheld the suspension. On review of the hearings officer’s decision under ORS 813.410(7), the circuit court vacated the suspension because it concluded that respondent had not refused to take the test. We reverse.

The facts are not disputed. Respondent was arrested for driving under the influence of intoxicants. ORS 813.010. While he and the officer were at the scene of the arrest, respondent told the officer that he would not…