Green v. Motor Vehicles Division

Motor Vehicles Division (MVD) suspended petitioner’s driver’s license on the basis of a breath test. ORS 813.410. Petitioner sought review in the circuit court, which reversed on the basis of the testing officer’s failure to allow petitioner to call his mother before the test was administered. MVD appeals, and we reverse.

The facts are undisputed. Petitioner was arrested for driving under the influence of intoxicants. Before the breath test, he asked permission to call his mother. He was not allowed to call before the test, which established his blood alcohol level at .08 percent.

Petitioner…