Burbage v. Department of Motor Vehicles

(Pro Tempore).

Petitioner was arrested for driving while under the influence of intoxicating liquor, ORS 483.992(2), by a state police officer, who, after observing the petitioner outside of his car at the scene of arrest, took him to a police station where the petitioner was requested by the officer to take a breathalyzer test as provided in ORS 483.634. The petitioner refused to take the test, and, after the officer followed statutory requirements, petitioner was notified of the suspension of his operator’s license. He requested an administrative hearing pursuant to ORS 482.550, and from an…