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Oklahoma Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Oklahoma or Court of Appeals of Oklahoma where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State ex rel Oklahoma Bar Association v. Garrett - 12/13/2005
The Complainant, Oklahoma Bar Association (the Bar), filed a complaint against Garrett, Respondent, a licensed attorney in Oklahoma, pursuant to Rule 6, Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A. The...

State ex rel Oklahoma Bar Association v. Benefield - 10/25/2005
__ P.3d __ ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE The Oklahoma Bar Association (the OBA), filed a complaint against attorney Barry W. Benefield (Respondent). The OBA alleges that by his neglectful acts, Respondent...

Smith v. State - 6/1/2005
Mandate Issued: 09/29/2005 REVERSED AND REMANDED Two City of Edmond police officers were suspicious of Plaintiff Lindsey Smith's possible criminal activity and contacted fellow officer Harwell to follow her, stop her when...

In re Reinstatement of Fraley - 5/25/2005
PROCEEDING FOR REINSTATEMENT TO THE OKLAHOMA BAR ASSOCIATION In this application for reinstatement to membership in the Oklahoma Bar Association the issues to be decided are: (1) Is the record sufficient for our meaningful de...

Kennedy v. State - 4/19/2005
The trial court defendant, State of Oklahoma, ex rel. Department of Public Safety (DPS), appeals a judgment in favor of the trial court plaintiff, Eric Lee Kennedy (Kennedy), setting aside the revocation of his driver's license. ...

Haley v. State - 3/25/2005
Mandate Issued: 10/20/2005 __ P.3d __ Defendant/Appellant State of Oklahoma, ex rel. Department of Public Safety (DPS), seeks review of the trial court's order vacating the drivers' license revocation of...

Johnson v. State - 2/15/2005
Mandate Issued: 03/11/2005 REVERSED State of Oklahoma, ex rel. Department of Public Safety (DPS) appeals the trial court's April 30, 2004, order which declared 47 O.S. Supp. 2003, § 6-205.1(A)(3) unconstitutional and...

Davis v. State - 12/14/2004
Brian Darrell Davis,Appellant, was tried by jury in the District Court of Kay County, Case No.CF-2001-733, where he was convicted of one count of First Degree Malice Murderand one count of First Degree Rape, After Former Conviction...

Walker v. Ferguson - 11/2/2004
Plaintiffs sued the defendants by petition filed March 12, 2001 in which they alleged that the defendant Ferguson was negligently operating his vehicle in failing to stop for a stop sign, and that he was impaired or intoxicated at the time...

Fabian & Associates, P.C. v. State ex rel Dep't of Public Safety - 7/6/2004
The appellant, Fabian & Associates, P.C., sought declaratory relief and an injunction pursuant to 51 O.S.2001, § 24A.17(B), when it was denied access to recordings of administrative hearings concerning revocation of drivers' licenses...

Harris v. State - 1/7/2004
Appellant, Jimmy Dean Harris, was charged inOklahoma County District Court, Case No. CF-1999-5071 , with Count 1:First-Degree Murder (21 O.S.Supp.1998, § 701.7(A)); Count 2: Shooting withIntent to Kill (21 O.S.Supp.1999, § 652);...

Fenimore v. State - 9/30/2003
Appellant, GaryBoyd Fenimore, was convicted in Oklahoma County District Court, Case No. CF2001-5650 , of Driving Under the Influence, inviolation of 47 O.S.2001, § 11-902 (Count 1), of with Driving While PrivilegeRevoked, in violation of...

McCown v. State ex rel Department of Public Safety - 7/1/2003
Michael H. McCown was arrested September 8, 2001 for driving under the influence of alcohol. He was given a breath test and, as a result, his driver's license was revoked by the Department of Public Safety (DPS). The revocation was upheld...

State ex rel Oklahoma Bar Association v. - 6/10/2003
__ P.3d __ Combined solely for hearing purposes with SCBD No. 4734 BAR DISCIPLINARY PROCEEDING In these disciplinary proceedings against a lawyer, the issues to be decided are: (1) Does the record submitted for our...

Green v. Harris - 5/20/2003
This cause concerns the liability of parents who provide a vehicle to their child, when they allegedly either knew or should have known that the child was an incompetent, careless, and reckless driver. The appellant, Lita Kay Green...

State ex rel Oklahoma Bar Association v. Gettle - 4/22/2003
__ P.3d __ ORDER APPROVING RESIGNATION PENDING DISCIPLINARY PROCEEDINGS Upon consideration of the complainant's, Oklahoma Bar Association (Bar Association), application pursuant to Rule 8.2 of the Rules Governing...

State ex rel Oklahoma Bar Association v. Mayes - 3/11/2003
__ P.3d __ BAR DISCIPLINE PROCEEDING The complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Robert I. Mayes, Jr., with two counts of professional misconduct: mishandling of client funds and...

Manning v. State ex rel Dep't of Public Safety - 2/18/2003
The basic facts are not in dispute. Manning was arrested for driving under the influence of alcohol. After advisement of the implied consent law, he consented to take a breath test which registered over .08 percent. His driver's license...

Sanders v. State - 12/19/2002
Appellant was the driver of a vehicle involved in an accident, which caused the death of four people and caused severe injuries to a fifth person. The results of his blood alcohol test showed his blood alcohol content to be .188. In his...

Justus v. State ex rel Department of Public Safety - 5/28/2002
On August 24, 2000, at about 3:00 a.m., Oklahoma City police officers arrested Justus in the Quail Ridge parking lot for driving under the influence of alcohol. Pursuant to Oklahoma's implied consent statute, 47 O.S. 2001 § 751, the...

Cranfill v. Aetna Life Insurance Company - 4/9/2002
We briefly recite the undisputed facts to place the certified questions in context. Cortez L. Cranfill was killed in a one-vehicle wreck while he was driving alone in Colorado. *fn2 He was driving a pickup truck and hauling a utility...

Williams v. State ex rel Dep't of Public Safety - 3/15/2002
Appellant, Department of Public Safety (Department), brings this appeal from the trial court's judgment modifying Department's revocation of Appellee, Aaron Williams' (Williams) driving privilege.*fn1 We find the trial court's judgment is...

Pate v. Alian - 2/5/2002
On December 1, 1995, Rahman Alian, as an individual, entered into a "Franchise Agreement" with Pizza Inn, Inc., a Missouri corporation, to operate an Oklahoma City pizza restaurant under the name Pizza Inn. *fn1 The franchise agreement...

Dahl v. State ex rel Department of Public Safety - 12/26/2001
Modified: 01/18/2002 Mandate Issued: 01/18/2002 __ P.3d __ APPEAL FROM THE DISTRICT COURT OF McCLAIN COUNTY, OKLAHOMA HONORABLE NOAH EWING, TRIAL JUDGE REVERSED The Department of Public Safety (State)...

State ex rel Oklahoma Bar Association v. Malloy - 11/20/2001
__ P.3d __ ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE Complainant, Oklahoma Bar Association, charged Respondent, Terry Malloy, with two counts of professional misconduct. A hearing was conducted before a trial panel of...

State ex rel Oklahoma Bar Association v. Giger - 11/13/2001
__ P.3d __ BAR DISCIPLINARY PROCEEDING In this disciplinary proceeding against a lawyer, the complaint alleges in four counts multiple instances of unprofessional conduct deemed to warrant sanctions. A trial panel of the...

State ex rel Oklahoma Bar Association v. Wyatt - 9/11/2001
__ P.3d __ ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE The Oklahoma Bar Association seeks the disbarrment of Respondent, Noel Ancil Wyatt. Wyatt is currently under an order of interim suspension, entered January 16, 2001....

Grove v. State ex rel Department of Public Safety - 6/15/2001
Modified: 07/16/2001 Mandate Issued: 07/11/2001 __ P.3d __ AS AMENDED BY COURT ORDER, JULY 9, 2001 APPEAL FROM THE DISTRICT COURT OF TEXAS COUNTY, OKLAHOMA HONORABLE RYAN D. REDDICK, TRIAL JUDGE AFFIRMED ...

Wilson v. State ex rel Department of Public Safety - 3/30/2001
Modified: 05/15/2001 Mandate Issued: 05/03/2001 __ P.3d __ APPEAL FROM THE DISTRICT COURT OF McCLAIN COUNTY, OKLAHOMA HONORABLE NOAH EWING, JUDGE REVERSED Upon trial de novo, the district court...

Black v. State - 3/12/2001
Johnny Dale Black, hereinafter Appellant, was convicted of one count of Murder in the first degree (21 O.S.Supp.1997, § 701.7(A)) and one count of Assault and Battery with a Deadly Weapon, After Former Conviction of a Felony (21...

Fehring v. State Insurance Fund - 2/6/2001
CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION II APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, STATE OF OKLAHOMA HONORABLE BYRON C. DIXON, TRIAL JUDGE Appellants (injured worker and spouse) sued appellee, State...

Capstick v. State ex rel Department Of Public Safety - 7/27/2000
Licensee Harvey Capstick appeals the district court order that sustained the administrative revocation of his driver's license by the Department of Public Safety. Mr. Capstick's license was revoked on the ground that he refused the...

Bland v. State - 5/16/2000
Appellant Jimmy Dale Bland was tried by jury and convicted of First Degree Malice Aforethought Murder (21 O.S.1991, § 701.7), Case No. CF-96-90, in the District Court of Tillman County. The jury found the existence of two (2)...

Slay v. State ex rel Department of Public Safety - 2/24/2000
SLAY v. STATE ex. rel. DEPT. OF PUBLIC SAFETY Supreme Court of the State of Oklahoma CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION I APPEAL FROM THE DISTRICT COURT OF MCCLAIN COUNTY HONORABLE NOAH H. EWING, JUDGE...

Crowell v. State - 1/21/2000
ACCELERATED DOCKET ORDER Appellant, represented by counsel, was convicted in a non-jury trial of Possession of Marijuana in Case No. CM-97-373 in the District Court of Bryan County. Appellant was sentenced to one (1) year,...

Wilson v. State ex rel Department of Public Safety - 12/28/1999
Appellant, the State of Oklahoma ex rel. Department of Public Safety, seeks review of the trial court's order setting aside the Department's revocation of Appellee David Wilson's driver's license. Based on the record and applicable...

State v. Doris - 12/7/1999
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. RULE 6 BAR DISCIPLINARY PROCEEDING Respondent/attorney was charged with...

Woodward v. Morrisey - 11/19/1999
ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS AND/OR PROHIBITION On December 21, 1998, David Woodward (hereinafter Petitioner), by and through counsel, C. Rabon Martin, filed an Application to Assume Original Jurisdiction and...

Copeland v. Tela Corporation - 10/5/1999
SUPREME COURT OF THE STATE OF OKLAHOMA COPELAND v. TELA CORPORATION ___P.2d___ NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR...

In re Reinstatement of Turner - 9/14/1999
IN THE MATTER OF THE REINSTATEMENT OF: TURNER ORIGINAL PROCEEDING FOR ATTORNEY REINSTATEMENT Attorney seeks reinstatement to Oklahoma Bar Association following suspension for failure to pay dues. Professional...

Collins v. State ex rel Department of Public Safety - 8/24/1999
COURT OF APPEALS OF OKLAHOMA, DIVISION II COLLINS v. STATE OF OKLAHOMA ex rel. DEPARTMENT OF PUBLIC SAFETY ___ P.2d ____ Mandate Issued: November 9, 1999 Court of Appeals of Oklahoma, Division II RELEASE...

Staley v. City of Oilton - 7/15/1999
Defendant, the City of Oilton (City), appeals the trial court's judgment on a jury verdict in favor of Plaintiff, James Staley, in this negligence action. Based on our review of the record and the applicable law, we find the trial...

Childs v. State - 7/13/1999
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. ___P.2d___ CERTIORARI TO THE COURT OF CIVIL APPEALS, DIV. 4 APPEAL FROM...

State v. Henderson - 4/13/1999
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. OBA v. HENDERSON ___P.2d___ SUPREME COURT OF THE STATE OF OKLAHOMA ...

Stewart v. State - 3/9/1999
ORDER CONSTRUING PETITION FOR WRIT OF HABEAS CORPUS AS APPEAL FROM DENIAL OF POST-CONVICTION RELIEF; ORDER GRANTING POST-CONVICTION RELIEF, VACATING JUDGMENT AND SENTENCE, AND REMANDING TO OKLAHOMA COUNTY DISTRICT COURT FOR WITHDRAWAL...

Taylor v. Oklahoma - 12/1/1998
ORDER REMANDING FOR EVIDENTIARY HEARING Charles F. Taylor, Appellant, by and through his attorneys, James Drummond and Alexandra B. Fensterer, filed an application and addendum respectively, for an evidentiary hearing in...

Jackson v. State - 6/30/1998
Appellant, Larry Kenneth Jackson, was charged with first degree malice murder in violation of 21 O.S.1991, Section 701.7, in the District Court of Oklahoma County, Case No. CF-94-6070. The State filed a Bill of Particulars alleging...

Belt v. State - 6/26/1998
Decided: May 26, 1998 RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA Honorable Vicki L. Robertson, Trial Judge REVERSED AND REMANDED...

Marshall v. State - 5/12/1998
OPINION DENYING PETITION FOR CERTIORARI Barney Marshall, Jr., Petitioner, pled guilty to the crimes of Murder in the First Degree with Malice Aforethought, in violation of 21 O.S.Supp.1982, Section 701.7A (Count I) and First...

Sipes v. State ex rel. Dept. of Public Safety - 9/16/1997
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED This is an appeal from a district court order setting aside the revocation of the plaintiff's driver's license after he refused to consent to a breathalyzer test and failed to...

City of Lawton v. Moore - 12/21/1993
ORIGINAL JURISDICTION ASSUMED; WRIT OF PROHIBITION GRANTED WITH INSTRUCTIONS. The opinion of the court was delivered by: WATT, Justice. The City of Lawton asks us to assume original jurisdiction and issue a writ...

In re Reinstatement of Hanlon - 12/7/1993
Thomas G. Hanlon has petitioned for reinstatement following his disbarment in 1983. Petitioner was admitted to the Oklahoma Bar Association in June, 1953. On February 17, 1982, petitioner was suspended from the practice of law, and...

Chapple v. State - 8/27/1993
Order Denying Rehearing February 1, 1994. BOOKER T. CHAPPLE, APPELLANT, v. STATE OF OKLAHOMA, APPELLEE. An Appeal from the District Court of Oklahoma County, David M. Cook, District Judge. Carolyn L. Merritt,...

Yell v. State - 7/16/1993
ACCELERATED DOCKET ORDER Appellant was tried by a jury in the District Court of Texas County for the offense of Driving Under the Influence, in violation of 47 O.S. 1991 § 11-902 [47-11-902], Case No. CRM-91-201. He was found...

Pierce v. State ex rel Dept. Public Safety - 6/1/1993
The opinion of the court was delivered by: TAYLOR, Judge. Pierce seeks review of an order suspending his driver's license for driving under the influence of alcohol on the grounds that the intoxilyzer machine's test was...

State ex rel Dept. of Public Safety v. 1989 Ford Probe - 5/4/1993
The opinion of the court was delivered by: HUNTER, Judge. Shane Rinehart (Rinehart) was stopped and arrested after Tulsa police officers saw him smoking marijuana while driving his 1989 Ford Probe, VIN # 1ZVBT21C3K5182641...

Webster v. State ex rel. Dept. of Safety - 4/13/1993
Rehearing Denied May 18, 1993. Certiorari Denied September 13, 1993. BRAD P. WEBSTER, APPELLEE, v. STATE OF OKLAHOMA, EX REL., DEPARTMENT OF PUBLIC SAFETY, APPELLANT. Appeal from the District Court of Cleveland...

State ex rel. Okl. Bar Ass'n v. Badger - 4/6/1993
RESPONDENT'S REQUEST FOR DISMISSAL DENIED WITHOUT PREJUDICE; PROCEEDING REFERRED TO PROFESSIONAL RESPONSIBILITY TRIBUNAL. The opinion of the court was delivered by: LAVENDER, Vice Chief Justice. Complainant, the...

Baldwin v. State ex rel Dept. of Public Safety - 3/30/1993
On September 5, 1991, the Department of Public Safety, appellant, revoked the driving privileges of Michael L. Baldwin, the appellee, for a period of one year pursuant to the Implied Consent Law. The appellee had refused to take a...

Parker v. City of Midwest City - 3/23/1993
Does the Oklahoma Governmental Tort Claims Act in effect immunize a municipality from liability for malicious prosecution? A literal reading of the pertinent statutes reveals that it does, and requires affirmance of the summary...

Sanders v. Crosstown Market - 3/16/1993
Rehearing Denied April 27, 1993. STACIE LYNNE SANDERS, BY AND THROUGH HER PARENTS AND GUARDIANS, JAMES FRANKLIN SANDERS AND JEANNE MARIE SANDERS, APPELLANTS, v. CROSSTOWN MARKET, INC.; J.W. MORGAN, INC.; SCRIVNER, INC.; JERRY W....

Fink v. State ex rel Dept. of Public Safety - 12/8/1992
Rehearing Denied January 19, 1993. Certiorari Denied April 14, 1993. AUSTIN J. FINK, APPELLANT, v. STATE OF OKLAHOMA, EX REL. DEPARTMENT OF PUBLIC SAFETY, APPELLEE. Appeal from the District Court of Oklahoma...

State v. Shepherd - 10/23/1992
The opinion of the court was delivered by: BRETT, Judge. Robert Eugene Shepherd, appellee, was tried by a judge for the crime of Manslaughter in the First Degree, in violation of 21 O.S. 1981 § 711 [21-711](1), in Case No....

Webb v. State ex rel Dept. of Public Safety - 10/20/1992
As Corrected October 21, 1992. Certiorari Denied February 3, 1993. DWAYNE R. WEBB, APPELLEE, v. STATE OF OKLAHOMA, EX REL. DEPARTMENT OF PUBLIC SAFETY, APPELLANT. Appeal From the District Court of McClain County;...

Neal v. State - 9/8/1992
ORDER REVERSING AND REMANDING FOR NEW TRIAL Jonathan Wayne Neal, appellant, was tried by jury and convicted of Driving Under the Influence of Alcohol (47 O.S. 1991 § 11-902 [47-11-902]) in Tulsa County District Court, Case No....

Bechtel v. State - 9/2/1992
Rehearing Denied October 22, 1992. DONNA LEE BECHTEL, APPELLANT, v. STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court of Oklahoma County; Richard L. Freeman, District Judge. Garvin A. Isaacs, Oklahoma...

Berry v. State - 6/25/1992
The opinion of the court was delivered by: LUMPKIN, Vice Presiding Judge. Appellant Bobby Merrill Berry was tried by jury and convicted of Driving Under the Influence of Intoxicating Liquor, Second Offense, in violation of...

Ellis v. State - 5/20/1992
The opinion of the court was delivered by: JOHNSON, Judge. Marshall Ellis, appellant, was charged by information in the District Court of Woodward County, Case No. CRF-85-59, with the crimes of Murder in the First Degree,...

Phillips v. State ex rel Dept. Public Service - 4/28/1992
The opinion of the court was delivered by: GARRETT, Presiding Judge. Appellee Gary L. Phillips (Phillips) was arrested on May 26, 1991, for driving under the influence (DUI). At the time of the arrest, he refused to take a...

Napier v. State - 11/13/1991
The opinion of the court was delivered by: LANE, Presiding Judge. Appellant, Terry L. Napier, was convicted of First Degree Manslaughter (21 O.S. 1981 § 711 [21-711]) after a trial by jury in Creek County District Court,...

Hodges v. State ex rel Department of Public Safety - 9/24/1991
REVERSED AND REMANDED. The opinion of the court was delivered by: BAILEY, Judge. Appellant State of Oklahoma, ex rel. Department of Public Safety (DPS) seeks review of the Trial Court's order granting judgment to...

Hames v. State - 9/23/1991
Rehearing Denied October 15, 1991. RICHARD ERIC HAMES, APPELLANT, v. STATE OF OKLAHOMA, APPELLEE. An Appeal from the District Court of Cleveland County; Preston Trimble, District Judge. Fred J. Shaeffer, Joel S....

State ex rel. Okl. Bar Ass'n v. Kessler - 7/30/1991
Rehearing Denied October 21, 1991. STATE OF OKLAHOMA, EX REL. OKLAHOMA BAR ASSOCIATION, COMPLAINANT, v. PAUL J. KESSLER, RESPONDENT. Kenneth R. Nance, Oklahoma City, for respondent. The opinion of the court was...

Slusher v. State - 7/23/1991
The opinion of the court was delivered by: JOHNSON, Judge. Christine Slusher, the Appellant, was tried by jury for the crime of Manslaughter in the First Degree in violation of 21 O.S. 1981 § 711 [21-711](1), in Case No....

Cheek v. State ex rel. Dept. of Public Safety - 7/9/1991
CERTIORARI PREVIOUSLY GRANTED; COURT OF APPEALS' OPINION VACATED; DISTRICT COURT'S JUDGMENT AFFIRMED. The opinion of the court was delivered by: HODGES, Vice Chief Justice. The issue before this Court is what...

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