Mustain v. State ex rel. Dept. of Public Safety

Opinion by

ROBERT DICK BELL, Presiding Judge.

¶ 1 Plaintiff/Appellant, James D. Mustain, appeals from the district court’s order sustaining the revocation of his driver’s license by Defendant/Appellee, Oklahoma Department of Public Safety (DPS). For the reasons set forth below, we affirm the trial court’s judgment.

¶ 2 On January 31, 2005, Plaintiff was arrested by a Bartlesville police office for driving under the influence of alcohol and consented to take a breath test. Plaintiffs license was seized after the breath test indicated a blood alcohol level in excess of the legal limit. DPS…