Brown v. Motor Vehicles Division

RIGGS, P. J. pro tempore.

In this implied consent case, Motor Vehicles Division (MVD) appeals a circuit court judgment reversing its order suspending petitioner’s driving privileges for refusing to take a breath test following his arrest for Driving Under the Influence of Intoxicants (DUII). ORS 813.410. The circuit court reversed MVD’s order on the ground that the arresting officer lacked probable cause to arrest petitioner. We reverse and remand with instructions to reinstate the order of suspension.

We summarize the facts consistent with the findings in the MVD order. At 2:30 in the morning…