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MATTER OF MURDOCH

(CC 17CV49033) (SC S068728).

519 P.3d 115 (2022)

370 Or. 362

In the MATTER OF the Suspension of the Driving Privileges of Michael Thomas MURDOCH. Michael Thomas Murdoch, Respondent on Review, v. Driver and Motor Vehicle Services Division (DMV), a Division of the Department of Transportation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

October 20, 2022.

Attorney(s) appearing for the Case

Colm Moore, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

John Henry Hingson, III, John Henry Hingson, III, P.C., Oregon City, argued the cause and filed the brief for respondent on review.

Oregon law provides law enforcement officers investigating the offense of driving under the influence of intoxicants (DUII), ORS 813.010, with various tools to aid in that investigation. Among them are breath testing to determine the blood-alcohol content (BAC) of a person suspected of DUII and, under appropriate circumstances, search...

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