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TRUSTY v. STATE EX REL. DEPT. OF PUB. SAF.

Case No. 114,208.

381 P.3d 726 (2016)

2016 OK 94

Kyle TRUSTY, Plaintiff-Appellee, v. STATE of Oklahoma, EX REL., DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellant.

Supreme Court of Oklahoma.

Filed September 20, 2016.

Attorney(s) appearing for the Case

Joanne Horn , Assistant General Counsel, Department of Public Safety, Oklahoma City, Oklahoma, Attorney for Defendant-Appellant

Charles L. Sifers , Oklahoma City, Oklahoma, Attorney for Plaintiff-Appellee

PER CURIAM

¶ 1 We retained this cause to address whether the Department of Public Safety must prove compliance with regulatory requirements for the collection of blood for a blood alcohol content test to be used against a driver in a driver's license revocation proceeding. We hold that DPS bears the burden of showing compliance with regulatory requirements for drawing blood under the implied consent statutory scheme in order to use the test results against...

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