Brown v. Driver & Motor Vehicle Services Division

In this case, the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV), appeals the circuit court’s judgment setting aside its order suspending petitioner’s driver license after she refused to take a chemical breath test following her arrest for driving under the influence of intoxicants (DUII). ORS 813.410 (requiring DMV to suspend the driving privileges of an arrested driver who refuses to submit to a chemical breath test). Although this is an appeal from a judgment of the circuit court, we review the DMVs order for substantial evidence and errors of law.…