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Texas Department of Public Safety v. Jenkins

In determining whether reasonable suspicion existed, the administrative law judge was not limited to the "reasonable suspicion" paragraphs in the sworn report and supplemental affidavit, but was entitled to review all of the evidence presented including the pre-printed language on these forms.

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The Texas Department of Public Safety (“DPS”) appeals the county court at law’s reversal of a DPS administrative order authorizing DPS to suspend the driver’s license of Penn Alfonso Jenkins for ninety days when he refused to provide a breath specimen following his arrest for driving while intoxicated. See Tex. Transp. Code Ann. �� 724.031-.035 (West 1999 & Supp. 2001). We will reverse the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On October 29, 1999, DPS Trooper A.J. Wolpman stopped appellee Penn Alfonso Jenkins (“appellee” or “Jenkins”) on suspicion of driving while intoxicated (“DWI”) after Wolpman saw Jenkins weave within his lane of traffic on IH-35 and repeatedly vary his speed from approximately forty miles per hour to sixty miles per hour in a sixty-five mile-per-hour speed zone. Wolpman stopped Jenkins and administered three field sobriety tests. Based on Wolpman’s observations of Jenkins and Jenkins’s failure to successfully perform the three tests, Wolpman arrested Jenkins for DWI and requested a breath or blood specimen for an intoxication test. Jenkins refused, resulting in the ninety-day suspension of his driver’s license. See id. � 724.035(a)(1).

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