Johnson v. Driver & Motor Vehicles Services Division

The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) suspended petitioner’s driver’s license after he refused to submit to a breath test when he was arrested for driving under the influence of intoxicants (DUII). See ORS 813.410(1) (requiring DMV to suspend a person’s driving privileges if notified by police report under ORS 813.120 of the person’s refusal to take breath test unless, after hearing, DMV determines the suspension to be invalid). The circuit court affirmed the final order of suspension issued by an administrative law judge (ALJ), and…