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IN THE MATTER OF DAVIS

0503-03083; A129207.

146 P.3d 378 (2006)

209 Or. App. 39

In the Matter of the Suspension of the Driving Privileges of Kathleen Jean Davis. Kathleen Jean DAVIS, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), a division of the Department of Transportation, Appellant.

Court of Appeals of Oregon.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Denis M. Vannier, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Wayne Mackeson, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and RASMUSSEN, Judge pro tempore.

LANDAU, P.J.

At issue in this case is whether an individual arrested for driving under the influence of intoxicants (DUII) who declines to take a breath test until a police officer repeats the rights and consequences warning required by law has refused to take the test. An administrative law judge (ALJ) acting on behalf of the Driver and Motor Vehicle Services Division (DMV) concluded that petitioner, who demanded that the officer do so, had refused to take a breath...

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