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Grove v. State ex rel Department of Public Safety6/15/2001
ly.
Title 47 O.S.1999 Supp. § 754(F) provides the scope of the hearing before the Commissioner of Public Safety. The hearing shall cover the issues of whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets or turnpikes while under the influence of alcohol and whether the person was placed under arrest.
When an accused refuses the blood alcohol test, the issues before the trial court are further defined by subsection (F)(2). This section provides:
If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:
a. the person refused to submit to the test or tests, and
b. the person was informed that driving privileges would be revoked or denied if the person refused to submit to the tests or tests.
Section 751 reflects the informed consent law. Subsection 2 authorizes a law enforcement officer, having reasonable grounds to believe that a person stopped was operating a motor vehicle while under the influence of alcohol may direct the administration of, or administer, the test or tests.
The same findings must be made by the district court as are made by the hearing examiner, even though the hearing before the district court is de novo. Smith v. State ex rel. Department of Public Safety, 1984 OK 16, 680 P.2d 365.
This Court will not reverse or disturb a finding of a lower court if there is any competent evidence, or any reasonable inference to be drawn therefrom, which tends to support its findings. State of Oklahoma ex rel. Department of Highways v. Sharpensteen, 1975 OK 111, 538 P.2d 1044. The uncontroverted testimony by the officer that Grove was unsteady on his feet, had slurred speech, that he smelled a strong odor of alcohol on Grove's breath, his subsequent arrest for DUI, his refusal to submit to the blood alcohol test, and the officer's warning that his refusal would lead to revocation or suspension of his license, is more than sufficient to support the judgment of the district court.
AFFIRMED
GARRETT, J., and BUETTNER, P.J., concur.
Page 1 2 Oklahoma DUI Attorneys
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