Phillips v. State ex rel. Department of Public Safety

MEMORANDUM OPINION

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 breath test. He was given an “Officer’s Affidavit and Notice of Revocation”, informing him his driver’s license would be revoked under Oklahoma’s Implied Consent Law. He requested a hearing before the Appellant, Department of Public Safety (DPS), and on July 24, 1991, DPS set aside the proposed revocation of his license which was based on the Implied Consent Law.

Phillips subsequently pled guilty and…