Lawsuit Filed Over Constitutionality of New DUI Bill In Oklahoma

Jun 21, 2017

Four attorneys have filed a lawsuit over Oklahoma’s new drunk driving law, deeming it unconstitutional.

The lawsuit was filed Monday against Governor Mary Fallin, several state lawmakers, and Oklahoma’s public safety commissioner.

The lawsuit says the new law, which Fallin signed into law on June 8, violates the state Constitution’s ban on bills containing more than one subject.

Senate Bill 643 makes taking a breathalyzer test a requirement for a person suspected of impaired driving. It also requires a person’s driver’s license to be seized by an arresting officer and later destroyed. The attorneys allege that denies a person the right to due process.

After signing the bill, Fallin later issued an executive order that allows for an administrative hearing if the Oklahoma Department of Public Safety plans to revoke a person's license.

Brian Morton, one of the attorneys filing the lawsuit, says the executive order is essentially a veto of the measure. But, James Williamson, Fallin's attorney, says the order clarifies that the governor expects DPS to follow the decisions of the Oklahoma Supreme Court on due-process protections for drivers' licenses.

The law is scheduled to take effect on Nov. 1.