Hilton v. Motor Vehicles Division

The critical problem with the majority’s reasoning is that it treats an administrative suspension for failing a breath test as being a “penalty for driving with blood alcohol content above the legal limit.” 93 Or App at 394. The majority acknowledges that, under the same statutes, a suspension for refusing

“to take the test is not a penalty for driving under the influence of intoxicants. It is applied to discourage refusals to abide by the implied consent to take the breath sample that follows from driving on public roadways. State v. Newton, 291 Or 788, 793, 636 P2d 393 (1981). It is part of…