Capretta v. Motor Vehicles Division

*243TANZER, J.

This is an appeal by the Motor Vehicles Division of the Department of Transportation from a circuit court order reversing an order of the Division suspending petitioner’s operator’s license for having refused to take a breathalyzer test as required by ORS 487.805(2) of the Implied Consent Law.

Petitioner was arrested for driving under the influence at approximately 4:15 p.m. He was transported to the Lincoln County Jail. During the ride to the jail he requested counsel. The officer and petitioner arrived at the jail at approximately 5 p.m. After a wait of approximately a half hour,…