Wimmer v. Motor Vehicles Division

The Motor Vehicles Division appeals an order of the circuit court 1 which reversed the Division’s administrative suspension of petitioner’s driving privileges for refusal to take a breath test. We reverse.

On August 4, 1984, petitioner was arrested for driving while under the influence of intoxicants. He was informed, pursuant to ORS 487.805, the Implied Consent Law, that if he refused to take a breath test his driving privileges would be suspended. He was then advised:

“IF YOU TAKE THE BREATH TEST and the instrument shows your blood alcohol level as .08% or higher, you are considered to be…