Facts

In OCCA case No. S-2016-1142, Cody Ray Lord appealed his conviction for Driving a Motor Vehicle Under the Influence of Drugs. In a published decision, the court decided to affirm the trial court's decision to suppress the blood test results. The trial court found that Lord was not capable of giving consent due to the effects of morphine he had received, which hindered his ability to make a decision regarding the blood test. The State had claimed there was no proof that Lord was unconscious and argued that the burden of proof should be on Lord, but the court found that sufficient evidence supported the trial court's conclusions. One judge dissented.