Branham v. Texas Department of Public Safety

OPINION

DAY, Justice.

The Texas Department of Public Safety (DPS), appellee, suspended appellant John Lewis Branham’s driver’s license for 60 days because he was arrested for driving while intoxicated (DWI). During the hearing, Branham objected to admission of Bran-ham’s intoxilyzer test results because the DPS had not provided him with the maintenance records of the intoxilyzer machine that he had requested under section 159.13 of the Texas Administrative Code. See 1 Tex. Admin. Code § 159.13(2) (West 1997) (State Office of Administrative Hearings, Administrative License Suspension Hearings).…