Basile v. Driver & Motor Vehicle Services Branch (DMV)

In this implied consent case, the Oregon Department of Transportation, Driver and Motor Vehicles Services Branch (DMV), appeals the circuit court’s judgment setting aside its order suspending petitioner’s driver’s license after he refused to take a chemical breath test following his arrest for driving under the influence of intoxicants (DUII). ORS 813.410. Although this is an appeal from a judgment of the circuit court, we review DMV’s order. Adams v. MVD, 132 Or App 431, 433, 888 P2d 1078 (1995). We review for substantial evidence and errors of law, ORS 813.450(4), and reverse the trial…