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Texas Dep't of Public Safety v. Henson

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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.

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