Graves v. State ex rel. Department of Public Safety

IRWIN, Justice:

The Oklahoma Department of Public Safety (State) ordered the driver’s license of Carl Eugene Graves (licensee) revoked following licensee’s arrest and refusal to submit to the alcohol test. Licensee sought review in the district court. The district court sustained a demurrer to State’s evidence on the grounds that the initial arrest of licensee was without probable cause. The action was dismissed and State appeals from the order overruling its motion for a new trial.

The police officer who arrested licensee was assigned to the Alcoholic Safety Action Program (ASAP) whose primary…