Ex parte Wilkinson

HARDBERGER, Chief Justice.

This is a pre-trial habeas corpus appeal of a trial court’s ruling that an administrative law judge’s finding of no probable cause did not operate as a bar to appellant’s subsequent prosecution for driving while intoxicated. We affirm.

Procedural History

Wilkinson was stopped while driving with an open container .on December 25, 1995. He was arrested and refused to take a breathalyzer test. The Texas Department of Public Safety (DPS) duly notified him of the resulting license suspension. That action, however, was stayed when Wilkinson requested a hearing. At the…