Legal Opinion

Childs v. State ex rel. Department of Public Safety

Supreme Court of Oklahoma

Decided July 13, 1999No. 87,561Published

1Opinion of the Court

SIMMS, J:

¶ 1 Thomas Childs’ driver’s license was revoked in an administrative proceeding because the results of a breath test administered to him, on July 10, 1995, while he was in control of an automobile showed his blood alcohol level to be .10 or greater. A person testing at this level is considered legally intoxicated and pursuant to statute no other evidence was offered at the hearing to revoke Childs’ license.

¶ 2 The test was performed by the Broken Arrow Police Department in Tulsa County, on a breath analysis instrument called an intoxilyzer, an automated analyzer approved by the Board…

2Cases cited9 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. Tigner v. TexasSupreme Court of the United States · 1940
  4. Fair School Finance Council of Oklahoma, Inc. v. StateSupreme Court of Oklahoma · 1987
  5. Kirk v. BD. OF CTY. COM'RS, MUSKOGEE CTY.Supreme Court of Oklahoma · 1979

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