Winroth v. Driver & Motor Vehicle Services

*624ARMSTRONG, J.

In the early morning hours of September 27, 1994, petitioner was arrested for driving on a public highway while under the influence of intoxicants. ORS 813.010. His driving privileges were subsequently suspended pursuant to ORS 813.410 after the Department of Driver and Motor Vehicle Services (DMV) held a hearing and determined that he had been lawfully arrested and had had a chemical breath test result in excess of the level permitted by law. At the DMV hearing, petitioner argued that the arresting officer did not have probable cause to arrest him until after the officer had…