Arndt v. Motor Vehicles Division

The Motor Vehicles Division (MVD) appeals a circuit court order reversing its order suspending petitioner’s1 driving privileges for refusal to submit to a breath test requested by a police officer. Former ORS 487.805(3) ;2 former ORS 482.541(4) (c).3 It contends that the court erred in concluding that, at the time he asked petitioner to take an intoxilyzer test, the arresting officer did not have reasonable grounds to believe that petitioner had been driving under the influence of intoxicants. We reverse.

Officer Wilson observed petitioner driving. Wilson followed him for about three miles and…