State Ex Rel. Oklahoma Department of Public Safety v. Kopczynski

LAVENDER, Justice:

This is an appeal by the Department of Public Safety from an order of a district court in an appeal thereto involving an order of a hearing officer sustaining an order of the Commissioner of Public Safety. The Commissioner’s order revoked, for a period of six months, the operator’s license of the appellee, Winfred Hale Kopczynski, pursuant to 47 O.S.1971 § 753, for his refusal to submit to a chemical test of his blood or breath for alcohol content after being arrested while driving a motor vehicle on a public highway of this state.

That statute provides that, if a conscious…