Dotson v. Motor Vehicles Division

*395THORNTON, J.

The Motor Vehicles Division (Division) appeals from the order of the circuit court which reversed the order of the Division suspending petitioner’s operator’s license for refusal to take the breathalyzer test.

This case presents two issues for our determination. First, was the breathalyzer refusal report submitted to the Division by the arresting officer a "sworn report” within the meaning of former ORS 483.634(2)? Second, if not, does this affect the authority of the Division to suspend petitioner’s operator’s license?

Former ORS 483.634(2) (now ORS 487.805(2)) provides that if a…