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AHLBIN v. MVD

91C-10168-1; CA A70443.

833 P.2d 1291 (1992)

113 Or. App. 441

In the Matter of the Suspension of the Driving Privileges of Richard Louis AHLBIN, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided June 10, 1992.

Attorney(s) appearing for the Case

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael Lee McDonough, Salem, filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Motor Vehicles Division (MVD) appeals the circuit court's judgment vacating its order suspending respondent's driving privileges. ORS 813.410(5). We reverse.

When asked to take a breath test after being arrested for DUII, respondent said, "No, I want a blood test, not a breath test. I want an attorney."1 The hearings officer held that respondent's statement constituted a refusal to take the test. The circuit court...

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