Roulston v. State Ex Rel. Department of Public Safety, 2014 OK CIV APP 46

Roulston was arrested for driving under the influence and refused the breath test.
An Officer’s Affidavit and Notice of Revocation was issued and relied upon for license revocation.
After an administrative hearing, DPS revoked Roulston’s driving privileges.
The district court set aside the revocation order, holding the Affidavit noncompliant with Oklahoma law.
The central issue is whether the Officer’s sworn report required by §753 was included in the Affidavit.
The Oklahoma Court of Civil Appeals affirmed, holding the Affidavit fatally flawed for lacking the statutorily required sworn report.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Affidavit complied with §753 sworn report requirement	Roulston argues the sworn report required by §753 was not included.	DPS contends the factual driving/condition description suffices under totality of the circumstances.	Affidavit fatally flawed; statute requires a specific sworn report.

Chase v. State ex rel. Dep't of Public Safety, 795 P.2d 1048 (1990 OK 78) (statutory sworn report prerequisite for revocation)
Hollis v. State ex rel. Dep't of Public Safety, 131 P.3d 145 (2006 OK CIV APP 25) (review standard on implied consent revocation appeal)
Clawson v. State ex rel. Dep't of Public Safety, 168 P.3d 258 (2007 OK CIV APP 89) (scrivener's errors can be corrected by oral testimony)
Kennedy v. State ex rel. Dep't of Public Safety, 114 P.3d 499 (2005 OK CIV APP 35) (statutory construction governs DPS revocation actions)
TRW/Reda Pump v. Brewington, 829 P.2d 15 (1992 OK 31) (statutory interpretation guiding administrative action)
SAMMAN v. MULTIPLE INJURY TRUST FUND, 33 P.3d 302 (2001 OK 71) (statutory analysis for administrative remedies)
City of Tulsa v. State ex rel. Public Employees Relations Board, 967 P.2d 1214 (1998 OK 92) (statutory framework for administrative decisions)