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.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

East Brunswick Law firm concentrating in plaintiff's personal injury, employment law, medical malpractice and worker's compensation seeks an...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›