State v. Neighbors

Defendant appeals his conviction for driving while under the influence of intoxicants. ORS 487.540. He contends that the prosecution is barred on the ground of former jeopardy and that he was denied effective assistance of counsel. We affirm.

Defendant was arrested and transported to the county jail, where he was asked to take an “intoxilyzer” test. He refused to take the test, and his operator’s license was suspended for 120 days by the Motor Vehicles Division pursuant to ORS 482.540. He did not appeal that suspension and does not challenge its validity here. Subsequent to the suspension,…