Wojahn v. STATE DEPT. OF PUBLIC SAFETY, No. 93331.

CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
Writing for the CourtGOODMAN, V.C.J.
Citation2000 OK CIV APP 30,999 P.2d 455
PartiesRandel L. WOJAHN, Appellant, v. STATE of Oklahoma ex rel. DEPARTMENT OF PUBLIC SAFETY, Appellee.
Decision Date15 February 2000
Docket NumberNo. 93331.

999 P.2d 455
2000 OK CIV APP 30

Randel L. WOJAHN, Appellant,
v.
STATE of Oklahoma ex rel. DEPARTMENT OF PUBLIC SAFETY, Appellee

No. 93331.

Court of Civil Appeals of Oklahoma, Division No. 4.

February 15, 2000.


Arthur S. Bay, Andrew L. Hamilton, Oklahoma City, Oklahoma, For Appellant.

Earl L. Reeves, Jr., Oklahoma City, Oklahoma, For Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

999 P.2d 456
MEMORANDUM OPINION

GOODMAN, V.C.J.

¶ 1 This is an appeal from a district court order sustaining the cancellation of the appellant's restricted driver's license for violating the agreement upon which the restricted license was predicated. Based upon our review of the record and applicable law, we affirm the order.

I

¶ 2 In February 1993, the Department of Public Safety classified appellant Randel J. Wojahn as an excessive user of alcohol under the Medical Aspects of Driver Licensing, Oklahoma Administrative Code 595:10, due to previous violations of Oklahoma's implied consent laws. As such, Wojahn became eligible for the restricted licensing program pursuant to OAC 595:10-5-12 which requires "[c]omplete abstinence from the use of alcohol... for a minimum of one year" from the date of applying for the restricted driving privilege. On February 21, 1997, Wojahn executed a Restricted Driver License Agreement acknowledging the terms of the restricted license with scheduled reviews every six months for 2 years.

¶ 3 On April 28, 1998, Wojahn was arrested for driving under the influence of intoxicating liquor, and refused to take the requested chemical test in violation of our implied consent laws. Wojahn's administrative appeal of the implied consent revocation was denied. He appealed to the district court which sustained the revocation in November 1998, but issued a modified driver's license permitting Wojahn to drive to, from, and in the scope of his employment subject to certain restrictions. On December 4, 1998, after receiving the court's order sustaining the revocation, the Department canceled Wojahn's restricted license for violating the agreement to totally abstain from alcohol use during the term of the license. Wojahn appealed to the district court, which held Wojahn had violated the terms of the restricted driver's license, and denied the requested modification. Wojahn appeals.

II

¶ 4 Wojahn contends the Department did not prove that he had actually consumed alcohol before he was...

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