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Oklahoma Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Oklahoma or Court of Appeals of Oklahoma where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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McCullick v. State - 5/31/1984
ORDER These cases were consolidated by order on April 19, 1984, to decide whether evidence that a defendant charged with Driving While Under the Influence of Alcohol refused to submit to a chemical sobriety test is admissible...

In re Appeal of Dungan - 5/1/1984
AFFIRMED. The opinion of the court was delivered by: ALMA WILSON, Justice. The appellant, Betty L. Dungan, appeals the decision of the District Court of Canadian County sustaining the revocation of her driver's license...

Smith v. State ex rel. Dept. of Public Saf. - 4/24/1984
Two questions are presented on appeal: (1) Did the arresting officer effect a valid arrest which invoked the Implied Consent Statute, 47 O.S. 1981 §§ 751 et seq., and (2) was the evidence presented to the District Court sufficient to...

Brown v. State - 12/15/1983
Rehearing Denied January 9, 1984. MICHAEL DEAN BROWN, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An Appeal from the District Court of Garvin County; Max H. Scarce, Judge. Joe M. Farnan, Purcell, for appellant....

Horn v. State - 11/7/1983
The opinion of the court was delivered by: BUSSEY, Presiding Judge. From his conviction in Woodward County District Court, Case No. CRM-81-300, for Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor,...

Morgan v. City of Tulsa - 6/2/1983
The opinion of the court was delivered by: BUSSEY, Presiding Judge. Charles Wilford Morgan, Jr., appeals from his conviction and sentence in the Municipal Court of Tulsa Case No. 324622, of twenty-five days in jail and a...

Smith v. City of Tulsa - 5/20/1983
The opinion of the court was delivered by: BUSSEY, Presiding Judge. Darrell Dewayne Smith appeals from his conviction and sentence for Driving Under the Influence of Alcohol in the Municipal Court of Tulsa, Case No. 324622....

McKinnon v. State - 9/28/1982
The opinion of the court was delivered by: CORNISH, Judge. Jimmy McKinnon was tried in Carter County District Court and convicted of Eluding a Police Officer. He was sentenced to three (3) months in the county jail and...

Cook v. State - 8/25/1982
Rehearing Denied September 24, 1982. R. JAY COOK, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Muskogee County; John T. Larson, Judge. Gene C. Howard, Tulsa, for appellant. ...

Brewer v. State - 8/18/1982
As Corrected August 20, 1982. BENJAMIN BREWER, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An Appeal from the District Court of Tulsa County; Raymond W. Graham, Judge. Frank W. McCarthy, Deputy Chief Public...

Chambers v. State - 8/10/1982
The opinion of the court was delivered by: CORNISH, Judge. The appellant, David Chambers, pleaded guilty to Feloniously Pointing a Weapon, After Former Conviction of a Felony, in Texas County District Court. He received a...

Hardin v. State - 8/10/1982
The opinion of the court was delivered by: CORNISH, Judge. Jack Hardin, appellant, was charged in the District Court of Pottawatomie County with the crime of Murder in the First Degree, After Former Conviction of a Felony....

Prince v. State - 7/1/1982
The opinion of the court was delivered by: BRETT, Presiding Judge. The appellant was charged with Unlawful Possession of Marijuana With Intent to Distribute, in violation of 63 O.S. 1981 § 2-401 [63-2-401](B)(2), in the...

Isom v. State - 6/10/1982
The opinion of the court was delivered by: BUSSEY, Judge. The appellant, Johnny M. Isom, was convicted of two counts of Murder in the Second Degree, pursuant to laws 1976, ch. 1, § 2 [1-2], now 21 O.S. 1981 § 701.8...

City of Tulsa v. Ellicott - 11/10/1981
The opinion of the court was delivered by: CORNISH, Judge. This is an attempt by the City of Tulsa to appeal on a reserved question of law in City of Tulsa Case No. 308554. The appellee, Roderick K. Ellicott, had been...

Headrick v. State - 10/9/1981
The opinion of the court was delivered by: BUSSEY, Judge. Joe Headrick, appellant, was convicted of Escape From a Penal Institution, in violation of 21 O.S. 1971 § 443 [21-443], in the District Court of LeFlore County, Case...

Bailey v. State - 8/18/1981
Rehearing Denied September 3, 1981. JAMES JEREMIAH BAILEY, a/k/a JAMES J. BAILEY, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court of Pottawatomie County; Lloyd H. Henry, District Judge. ...

Paregien v. State - 6/10/1981
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Glyn Dale Paregien, was convicted in Oklahoma County District Court Case No. CRM-79-1015 of Operating a Motor Vehicle While Under the Influence of...

Spencer v. State ex rel Dept. of Public Safety - 1/6/1981
REVERSED AND REMANDED WITH INSTRUCTIONS. The opinion of the court was delivered by: BOX, Presiding Judge. An appeal by the Department of Public Safety from an order of the trial court modifying the revocation of the...

Fanshier v. City of Oklahoma City - 12/15/1980
The opinion of the court was delivered by: CORNISH, Presiding Judge. The question before us is whether a municipal D.U.I. ordinance, which provides for a fine and/or imprisonment is an offense which should be transferred...

Murrah v. City of Oklahoma City - 12/12/1980
The opinion of the court was delivered by: BRETT, Judge. This case must be reversed on two grounds: first, the court erred in its instructions; and, second, the verdict was reached by a non-unanimous jury. The trial was...

State v. Broadrick - 12/4/1980
As Corrected December 19, 1980. THE STATE OF OKLAHOMA, APPELLANT, v. DENNIS LEE BROADRICK, APPELLEE. An appeal by the state on a reserved question of law from the District Court of Oklahoma County; Don Howard, Judge. ...

C.L.D. v. State - 11/14/1980
The opinion of the court was delivered by: CORNISH, Presiding Judge. The juvenile seeks review by this Court from the Order of the Kay County District Court, which certified him to stand trial as an adult for Second Degree...

Sartin v. State - 4/29/1980
The opinion of the court was delivered by: CORNISH, Presiding Judge. The appellant was convicted of the crime of Manslaughter in the First Degree in the District Court of Marshall County, Case No. CRF-77-02. Punishment was...

Parsons v. State - 11/27/1979
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Kenneth R. Parsons, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Love County, Case No. CRM-78-176, for...

Jager v. Okl. Dept. of Pub. Safety - 11/27/1979
REVERSED WITH DIRECTIONS. The opinion of the court was delivered by: NEPTUNE, Judge. A vehicle driven by Richard Jager was stopped by a police officer in November of 1977 after the officer clocked the car going 42 miles...

State v. McCoy - 11/14/1979
The opinion of the court was delivered by: BUSSEY, Judge. On November 13, 1978, Donald Lee McCoy was charged by information with First Degree Manslaughter pursuant to 21 O.S. 1971 § 711 [21-711], _ 1, in the District Court,...

Tahsequah v. State - 10/31/1979
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Charles Frank Tahsequah, hereinafter referred to as the defendant, was charged by information in Case No. CRF-78-464, with three counts of First Degree...

Overton v. State - 10/4/1979
Rehearing Denied October 24, 1979. ALFRED R. OVERTON, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Oklahoma County; Robert D. Epperson, Judge. Donald W. Davis, Oklahoma City,...

Peters v. State - 11/1/1978
The opinion of the court was delivered by: BRETT, Judge. Gary Keith Peters, appellant, hereinafter referred to as defendant, was charged, tried before a jury in bifurcated proceedings and convicted of the crime of Robbery...

Riggle v. State - 10/31/1978
Rehearing Denied December 7, 1978. VELMA RIGGLE AND TERRY COTTEN, APPELLANTS, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Atoka County; Lavern Fishel, Judge. Gary E. Payne, Atoka, for...

Castellano v. State - 10/11/1978
The opinion of the court was delivered by: BRETT, Judge. Appellant, Joseph Salvano Castellano, hereinafter referred to as defendant, was charged in the District Court, Comanche County, Case No. CRM-76-1159 and CRT-76-2597,...

Brown v. State - 9/11/1978
The opinion of the court was delivered by: CORNISH, Judge. Appellant, Johnny Wilborn Brown, hereafter referred to as defendant, was convicted in a nonjury trial in the Pontotoc District Court, Case No. CRM-77-190, for...

Jones v. State - 9/5/1978
As Corrected September 13, 1978. HERMAN EUGENE JONES, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Stephens County; Hegel Branch, Jr., Judge. Benjamin J. Curtis, Poteau, for...

Shelton v. State - 8/17/1978
The opinion of the court was delivered by: BUSSEY, Presiding Judge. Appellant, Jerry Don Shelton, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pontotoc County, Case No....

State ex rel. Powell v. Shi - 6/27/1977
The opinion of the court was delivered by: BUSSEY, Presiding Judge. This is a proceeding instituted by Roy B. Powell, District Attorney, 22nd Judicial District, Pontotoc County, seeking a Writ of Prohibition against the...

Glaze v. State - 6/16/1977
The opinion of the court was delivered by: BUSSEY, Presiding Judge. Appellant, Howard Lee Glaze, hereinafter referred to as defendant, was convicted upon trial by jury in the District Court, Oklahoma County, Case No....

Edens v. State - 6/16/1977
The opinion of the court was delivered by: BUSSEY, Presiding Judge. The Appellant, Michael Wayne Edens, hereinafter referred to as defendant, plead guilty to the misdemeanor offense of Possession of Marijuana on the 6th day...

Draper v. State - 3/22/1977
The opinion of the court was delivered by: BLISS, Judge. Appellant, Barry Elton Draper, hereinafter referred to as defendant, was charged, tried and convicted of Leaving the Scene of an Accident Which Resulted in Injury to...

Marchman v. State - 3/10/1977
The opinion of the court was delivered by: BUSSEY, Presiding Judge. The Appellant, Jack A. Marchman, Jr., hereinafter referred to as defendant, was charged by Information in Case No. CRM-75-263, with the crime of Driving...

Lamb v. State - 3/4/1977
The opinion of the court was delivered by: BUSSEY, Presiding Judge. Joseph Wayne Lamb, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-76-589, for...

Perry v. State - 3/3/1977
The opinion of the court was delivered by: BRETT, Judge. Appellant, William Robert Perry, herein-after referred to as defendant, was charged by information with the crime of Driving Under the Influence of Intoxicating...

Bunn v. State - 2/14/1977
Rehearing Denied April 6, 1977. JAMES SHERMAN BUNN, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Oklahoma County; Bill Welch, Judge. William C. Majors, Oklahoma City, for...

Short v. State - 2/7/1977
The opinion of the court was delivered by: BLISS, Judge. Appellant, Dewayne Joseph Short, hereinafter referred to as defendant, was charged in the District Court, Tulsa County, Case No. CRF-75-2931, with the crime of...

Wells v. State - 11/30/1976
The opinion of the court was delivered by: BRETT, Presiding Judge. The appellant, Douglas M. Wells, hereinafter referred to as the defendant, was charged, tried in a consolidated trial by jury and convicted in District...

Mayes v. State - 11/23/1976
On Rehearing February 23, 1977. ASA LEE MAYES, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Oklahoma County; Creston B. Williamson, Judge. John B. Ogden, Oklahoma City, for...

King v. State - 11/22/1976
The opinion of the court was delivered by: BUSSEY, Judge. Wilbur Wayne King, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Choctaw County, Case No. CRM-75-794, for the offense...

Wren v. State - 11/22/1976
Rehearing Denied December 14, 1976. VENNES "DEE" WREN, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court, Choctaw County, Ralph K. Jenner, Judge. Hack Welch, Hugo, for appellant. ...

White v. State - 9/23/1976
The opinion of the court was delivered by: BLISS, Judge. The appellant, Richard Lee White, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tillman County, for crimes of Driving...

Jackson v. State - 8/25/1976
The opinion of the court was delivered by: BRETT, Presiding Judge. Hollis A. Jackson, appellant, hereinafter referred to as the defendant, was charged, tried and convicted in the District Court, Cotton County, Oklahoma,...

Hauschildt v. State - 8/17/1976
The opinion of the court was delivered by: BRETT, Presiding Judge. Appellant, Darlene A. Hauschildt, hereinafter referred to as defendant, was charged in Case No. CRF-75-44 of the District Court, Beckham County, with the...

Mathes v. State - 7/14/1976
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, David L. Mathes, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-3114, for...

State v. Reinecke - 12/18/1975
The opinion of the court was delivered by: BUSSEY, Judge. John Marvin Reinecke, hereinafter referred to as defendant, was charged in the District Court, Washington County, Case No. CRM-75-145, with the offense of Driving...

Prevatte v. City of Tulsa - 11/12/1975
The opinion of the court was delivered by: BLISS, Judge. Appellant, Mary June Prevatte, hereinafter referred to as defendant, was charged, tried and convicted in the Municipal Court, Tulsa County, Case No. 188865, for the...

State ex rel. Department of Public Safety v. Lance - 10/28/1975
Appellant, Department of Public Safety (Department) by administrative action revoked the license of appellee James Lance pursuant to 47 O.S. 1971 § 753 which provides that: "Refusal to submit to test. - If a conscious person...

Kincannon v. State - 10/23/1975
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Kenny Bond Kincannon, hereinafter referred to as defendant, entered a plea of guilty in the District Court, Stephens County, Case No. CRF-74-27, to the...

Graves v. State - 10/21/1975
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...

Hayes v. State - 10/1/1975
The opinion of the court was delivered by: BLISS, Judge. Appellant, Tommy Lee Hayes, hereinafter referred to as defendant, was charged in the District Court, Pottawatomie County, Case No. CRF-73-200, for the offense of...

Walker v. State - 9/22/1975
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Ronald J. Walker, hereinafter referred to as defendant, was charged with the offense of Driving While Under the Influence of Intoxicating Liquor, second...

Floyd v. State - 9/4/1975
The opinion of the court was delivered by: BLISS, Judge. In the District Court, Garfield County, Case No. CRF-69-193, petitioner was convicted for the offense of Forgery, Second Degree, and pursuant thereto was sentenced to...

Keener v. State - 4/24/1974
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Jimmy L. Keener, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Oklahoma County, Case No. CRM-73-16, for...

Kirkland v. General Motors Corporation - 4/23/1974
The issue for us in this case is the present and the future of products liability litigation in Oklahoma. Much we do in this case may set the pattern of such litigation in Oklahoma and may determine whether this young, vigorous and...

Collier v. State - 3/15/1974
OPINION AND DECISION The opinion of the court was delivered by: BRETT, Judge. This is an appeal from a conviction in the Pittsburg County District Court, Case No. F-73-20, for the crime of First Degree Burglary....

Gatewood v. State - 2/27/1974
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Charles A. Gatewood, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pottawatomie County, Case. No....

Dunn v. State - 9/6/1973
The opinion of the court was delivered by: BUSSEY, Judge. Appellant, Calvin L. Dunn, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Pontotoc County, Case No. CRM-72-1282, for...

State v. Carson - 7/18/1973
The opinion of the court was delivered by: BLISS, Presiding Judge. In the District Court of Creek County, Case No. CRF-71-39, appellee was charged with the offense of Driving a Motor Vehicle While Intoxicated, Second...

Oklahoma Department of Public Safety v. Robinson - 7/3/1973
The appellant, Oklahoma Department of Public Safety, (Department) lodges this appeal from the action of the trial court in setting aside the revocation by the Commissioner of the Department of Public Safety of appellee's, Arnold Lee...

Vernon v. State - 7/2/1973
Rehearing Denied August 8, 1973. JACK EUGENE VERNON, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE. An appeal from the District Court of Carter County; D. Luster Cook, Judge. Milor, Legate & Eakin, Marietta,...

Pitman v. State - 4/28/1971
Rehearing Denied May 25, 1971. Second Rehearing Denied August 11, 1971. VALDHE F. PITMAN, PLAINTIFF IN ERROR, v. THE STATE OF OKLAHOMA, DEFENDANT IN ERROR. An Appeal from the District Court of Oklahoma County;...

Gallahar v. State - 4/21/1971
Bailey F. Gallahar, hereinafter referred to as "defendant," was charged, tried and convicted in the District Court of Tulsa County of the offense of Driving While Intoxicated; his punishment was fixed at ten (10) days in the county...

White v. State - 3/24/1971
The opinion of the court was delivered by: BRETT, Judge. This is an original proceeding in which petitioner, Fred Joseph White, seeks issuance of the writ of habeas corpus, and relief from the judgment and sentence of the...

Roberts v. State - 3/24/1971
The opinion of the court was delivered by: BRETT, Judge. Plaintiff in error, hereinafter referred to as defendant, Darrell Lee Roberts, was charged by Information in the District Court of Blaine County, Oklahoma, with the...

Claborn v. State - 10/1/1969
The opinion of the court was delivered by: BRETT, Presiding Judge. The Plaintiff in error, Alex Andrew Claborn, hereinafter referred to as the defendant, was convicted of the crime of Driving a Motor Vehicle While Under the...

Stone v. State - 9/24/1969
The opinion of the court was delivered by: BRETT, Presiding Judge. Plaintiff in error, Gilbert Eugene Stone, was charged in the County Court of Garvin County with the offense of Operating A Motor Vehicle While Under the...

White v. State - 7/30/1969
Rehearing Denied September 17, 1969. FRED JOSEPH WHITE, PLAINTIFF IN ERROR, v. THE STATE OF OKLAHOMA, DEFENDANT IN ERROR. Appeal from the District Court of Creek County; Jess I. Miracle, Judge. Tom Gudgel, Jr.,...

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