Fitzpatrick v. Oregon Department of Transportation

The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV), appeals a circuit court judgment setting aside a DMV order suspending petitioner’s driving privileges for refusing to take a breath test. DMV argues that the court erred in holding that petitioner did not refuse to take the breath test. We agree and reverse and remand.

Officer Merritt, of the North Bend Police Department, arrested petitioner for driving under the influence of intoxicants (DUII). ORS 813.010. Merritt told petitioner that he needed to take her to the police station to give her an…