Shirley v. Texas Department of Public Safety

OPINION

GREEN, Justice.

The Texas Department of Public Safety suspended Timothy Shirley’s driver’s license after he refused to provide a breath sample. Shirley contends the county court erred in affirming the suspension because he was not given a proper warning about the consequences of a breath test. Because we find the warning sufficient, we affirm.

Background

A San Antonio police officer stopped Shirley for speeding. The officer observed Shirley’s eyes were bloodshot, his speech was slurred, and he smelled of alcohol. When Shirley failed the field sobriety tests, the officer arrested him for…