
    Submitted on record and appellant’s brief May 5,
    reversed and remanded with instructions May 29,1986
    In the Matter of the Suspension of the Driving Privileges of KIRK, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.
    
    (16-85-02356; CA A36322)
    719 P2d 516
    Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and John A. Reuling, Jr., Assistant Attorney General, Salem, filed the brief for appellant.
    No appearance for respondent.
    Before Richardson, Presiding Judge, and Newman and Deits, Judges.
    PER CURIAM
   PER CURIAM

The Motor Vehicles Division appeals from a judgment that reversed its suspension of respondent’s operator’s license because he refused to take a blood alcohol breath test. We reverse for the reasons set forth in Wimmer v. MVD, 75 Or App 287, 706 P2d 182, rev den 300 Or 367 (1985).

Reversed and remanded with instructions to reinstate order of suspension.  