Texas Department of Public Safety v. Hutcheson

Dissenting Opinion by

Justice VELA.

I respectfully dissent. I believe that the Department need only have proved that it satisfied the elements of section 724.042 of the Texas Transportation Code in order to justify the denial of Hutcheson’s driver’s license. The majority’s opinion would allow anyone who refuses to give a blood sample pursuant to section 724.042, to raise, well after the fact, an argument that conditions were unsanitary. This could be done without regard to any proof that unsanitary conditions existed. This argu*317ment, taken to its logical conclusion, invites any person arrested…