Stanley v. Driver & Motor Vehicle Services Branch

The Driver and Motor Vehicles Services Division (DMV) appeals from a judgment of the circuit court reversing the DMVs suspension of petitioner’s driving privileges for refusing to submit to a chemical breath test. We review the DMVs order for errors of law, ORS 813.450; Higgins v. MVD, 139 Or App 314, 317, 911 P2d 950 (1996), and reverse and remand.

The salient facts of the case are not contested. Petitioner was arrested on November 5,2000, by a member of the City of Keizer Police Department for driving while under the influence of intoxicants (DUII). ORS 813.010 (1999). He refused to submit…