Adams v. Motor Vehicles Division

In this implied consent case, Motor Vehicles Division (MVD) appeals the circuit court’s judgment reversing its order suspending petitioner’s driving privileges after he refused to take a chemical breath test following his arrest for DUII. ORS 813.410. Although this is an appeal from a judgment of the circuit court, we review MVD’s order. Oviedo v. MVD, 102 Or App 110, 113, 792 P2d 1244 (1990). We review for substantial evidence and errors of law, ORS 813.450(4), and reverse.

After Officer Kelly arrested petitioner for DUII, petitioner refused to take a chemical breath test. At the MVD hearing,…