Oviedo v. Motor Vehicles Division

Motor Vehicles Division (MVD) suspended respondent’s driving privileges because he took a breath test that registered over .08 percent alcohol. ORS 813.400. The trial court set aside MVD’s order on the basis that it was not proven that he was under arrest for DUII or knew that he was under arrest for DUII at the time defendant took the breath test. MVD appealed the circuit court order, and we reverse.

Nyssa police officers Marks and Francis were contacted by two citizens who said that they had just seen a car being driven all over the road and that they thought that the driver was intoxicated.…