Jones v. Motor Vehicles Division

The state appeals from a circuit court decision reversing Motor Vehicle Division’s (MVD) suspension of petitioner’s driver’s license for “refusing” to submit to a breath test. ORS 813.100(3). The circuit court ruled that there was not substantial evidence that petitioner refused the test, because OAR 257-30-020(1)(c)(F) is ambiguous regarding what constitutes completing the breath test — i.e., whether a printout is required. The only issue is whether petitioner’s failure to continue to blow into the Intoxilyzer until a printed result was obtained constitutes a “refusal” under ORS 813.100(3).

Pe…