STATE v. HOVET
2016 OK CR 26
Okla. Crim. App.2016Background
- Defendant Matthew John Hovet was charged with misdemeanor DUI under 47 O.S. § 11-902; his breath test results were central evidence.
- At a suppression hearing the trial court granted Hovet’s motion to suppress the breath-test results, concluding the Board of Tests’ rules were not properly promulgated under the Administrative Procedures Act (APA).
- The State appealed under 22 O.S. § 1053(5), seeking reversal of the suppression order.
- The issues on appeal focused on (1) whether the State must prove that Board rules were properly promulgated under the APA before admitting test results in a criminal prosecution, and (2) whether the particular Board rules/resolutions at issue were valid under the APA.
- The appellate court limited review to whether APA-validity challenges affect admissibility in criminal proceedings and concluded that APA rule-validity disputes belong in civil court; criminal courts need only determine compliance with existing Board rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State must prove Board rules were properly promulgated under the APA before admitting breath-test results | State: Not required in criminal prosecution; must only show compliance with existing Board rules | Hovet: Breath-test evidence inadmissible because Board rules were not properly promulgated under the APA | Court held State need not prove APA-compliant promulgation in criminal cases; APA challenges belong in civil court; admissibility depends on compliance with existing rules |
| Whether a Board resolution or written policy (vs. formal rule) can establish the standards for testing and admission | State: Written policies consistent with published rules are permissible for assessing compliance | Hovet: Board used resolutions/policies to set substantive standards without APA rulemaking, invalidating evidence | Court accepted that written policy statements or interpretations in the Administrative Code may be used to determine compliance so long as not inconsistent with Board rules |
| Whether errors in testing method or promulgation go to admissibility or weight of evidence | State: Deviations or promulgation-method challenges affect weight, not admissibility, if compliance with published rules is shown | Hovet: Promulgation defects render test results inadmissible | Court: Testing or promulgation-method claims generally affect weight; absent lack of published rules or failure to show compliance, results are admissible |
| Proper forum to challenge validity of agency rulemaking under APA | State: Such challenges are civil actions (declaratory judgment) in district court/Supreme Court review | Hovet: Criminal trial court can suppress evidence based on APA defects | Court: APA validity disputes must be litigated in civil court; criminal courts should presume rules valid unless civil adjudication says otherwise |
Key Cases Cited
- Westerman v. State, 525 P.2d 1359 (Okla. Crim. App. 1974) (State must show testing complied with Board regulations to admit results)
- Bemo v. State, 298 P.3d 1190 (Okla. Crim. App. 2013) (Board written policy statements or interpretations in the Admin. Code may be used to determine compliance when consistent with Board rules)
- Taylor v. State, 889 P.2d 319 (Okla. Crim. App. 1995) (errors in testing affect weight rather than admissibility)
- Feeken v. State, 371 P.3d 1124 (Okla. Crim. App. 2016) (standards for appellate review of suppression rulings under § 1053 appeals)
- Blacksher v. State, 371 P.3d 1131 (Okla. Crim. App. 2016) (abuse of discretion standard on § 1053 appeals)
- Neloms v. State, 274 P.3d 161 (Okla. Crim. App. 2012) (definition of abuse of discretion)
- Sample v. State ex rel. Dep’t of Public Safety, 382 P.3d 505 (Okla. Civ. App. 2016) (civil-court decision addressing APA rulemaking for Board; discussed but held to be civil jurisdiction)
- Manning v. State ex rel. Dep’t of Public Safety, 71 P.3d 527 (Okla. Civ. App. 2003) (earlier civil appeal on APA and Board rule issues)