Texas Department of Public Safety v. Preston

OPINION

SAM BASS, Justice.

This is an appeal by the Texas Department of Public Safety from the probation of the suspension of appellant’s driver’s license.

After a hearing in the Houston municipal court, appellee’s license was suspended for 90 days because he refused to give a breath specimen when requested to do so by a peace officer who had probable cause both to stop appellee and to believe that appellee was intoxicated while driving on a public highway. Tex.Civ.Stat.Ann. art. 6701Z-5, sec. 2(f) (Vernon Supp.1987). Ap-pellee appealed the decision of the municipal court. After a trial de novo…