Fauss v. Department of Public Safety

MEMORANDUM OPINION

HANSEN, Presiding Judge:

Plaintiff, Phillip Fauss, was arrested for driving under the influence. He was advised of the Oklahoma Implied Consent Law and requested to submit to a breath test. He refused. Defendant, Oklahoma Department of Public Safety (DPS), revoked his license for his refusal to submit to a chemical test.

Plaintiff petitioned the district court for a modification of his license revocation. During the hearing, Plaintiff testified he is retired and lives off his investments. He further testified he is a member of several nonprofit organizations that meet…