Ex parte Dunlap

OPINION ON REHEARING

LIVINGSTON, Justice.

The original opinion issued in this case was withdrawn because this court granted a motion for rehearing en banc in Ex parte Serna, 957 S.W.2d 598 (Tex.App.— Fort Worth 1997, no pet. h.) (op. on reh’g), a controlling case. The sole issue in this appeal is to what extent, if any, an administrative law judge’s findings from an administrative license suspension hearing collaterally estops the State from prosecuting appellant in criminal court for intoxication assault. Because the Texas Legislature has expressly provided that an administrative law judge’s…