Suspension of the Driving Privileges of Jones v. Motor Vehicles Division

The sole issue presented by this case is whether the unavailability of an Intoxilyzer at the time when an individual refuses to submit to a breath test prevents his refusal to submit from constituting a “refusal” under former ORS 487.805 (now ORS 813.100).1 We conclude that it does not and reverse.

Former ORS 487.805 provides, in part:

“(1) Any person who operates a motor vehicle upon premises open to the public as defined in ORS 487.535 or the highways of this state shall be deemed to have given consent, subject to ORS 487.805 to 487.835, to a chemical test of the person’s breath for the…