- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 05-11-2016
- Case #: A152468
- Judge(s)/Court Below: Oretga, P.J. for the Court; DeVore, J.; & Garrett, J.
- Full Text Opinion
The DMV appealed a circuit court judgement that modified its final order to suspend Petitioner's license. The issue on appeal was the proper interpretation of ORS 813.430(2)(b)(C), which subjects a person to an increased license suspension for failing a breath test if the person has a recent “driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.” The DMV contended that the statute applied to a person for any driving offense, even if the person is not convicted of the offense. The circuit court disagreed with the DMV, and this Court agreed with the circuit court. Specifically, the Court found that an increased suspension under ORS 813.430(2)(b)(C) is allowed only when a person is convicted of a driving offense that includes a BAC limit as an element. Accordingly, the Court reviewed the DMV’s order directly, finding that the DMV erred in imposing an increased suspension of Petitioner's license. Affirmed.