Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Texas Dep't of Public Safety v. Henson

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Reversed and Rendered Memorandum Opinion filed May 11, 2010

MEMORANDUM OPINION

This appeal arises from a county court at law’s order reinstating appellee’s, Chad Michael Henson, driver’s license. Henson, a minor, was stopped for traffic violations and arrested for driving while intoxicated. He refused to provide a breath sample. As a result of this refusal, his driver’s license was suspended. An administrative law judge (“ALJ”) subsequently upheld the suspension. When Henson challenged the ALJ’s decision in the county court at law, the court vacated the ALJ’s suspension order. Appellant, the Texas Department of Public Safety (“DPS”), now challenges the county court at law’s order reversing the ALJ’s decision. In three related issues, the DPS contends that the county court at law’s order should be reversed because: (1) the DPS complied with sections 724.032 and 724.042 of the Texas Transportation Code*fn1 and (2) Henson’s refusal to submit a specimen was voluntary. We reverse the county court at law’s order and render judgment affirming the order of the ALJ.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Coverage & Commercial Litigation Attorney Wanted for Thriving Boutique (Chicago, IL)

Our client, a litigation services boutique, is seeking to add a Coverage & Commercial Litigation Attorney to support their rapidly growi...


Apply Now ›
Associate Attorney

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...


Apply Now ›
Attorney

At Carter Mario Law Firm, we foster a culture in which our employees are encouraged and supported to succeed. We provide continuous learning...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements