Application of Kunneman

In Application of Kunneman, 1972 OK CIV APP 4, 501 P.2d 910, 911 (released by the Oklahoma Supreme Court for official publication), the court found the licensee had refused to submit to the breath test by his nonverbal conduct of sucking on the breathalyzer machine instead of blowing into it as he was instructed. Id. Even though the licensee had previously agreed to take the test, the court held that his repeated conduct was a nonverbal refusal. Id.