Hoefling v. Motor Vehicles Division

Respondent’s driver’s license was suspended, because he refused to submit to a breath test pursuant to ORS 813.410(1). He requested a hearing, and the Motor Vehicles Division (MVD) upheld the suspension. The circuit court, on review of the hearings officer’s decision under ORS 813.410(7), concluded that respondent had not been given a reasonable opportunity to confer with his attorney before deciding whether to take the breath test and reversed the order of suspension. MVD appeals.

The facts are not disputed. Respondent was arrested for driving under the influence of intoxicants, ORS 813.010,…