Ahlbin v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals the circuit court’s judgment vacating its order suspending respondent’s driving privileges. ORS 813.410(5). We reverse.

When asked to take a breath test after being arrested for DUII, respondent said, “No, I want a blood test, not a breath test. I want an attorney.”1 The hearings officer held that respondent’s statement constituted a refusal to take the test. The circuit court reversed, concluding that the hearings officer’s order was not supported by substantial evidence. Although the appeal is from circuit court, we review the hearings officer’s order…