Texas Department of Public Safety v. Penn Alfonso Jenkins

MACK KIDD, Justice.

The Texas Department of Public Safety (“DPS”) appeals the county court at law’s reversal of a DPS administrative order authorizing DPS to suspend the driver’s license of Penn Alfonso Jenkins for ninety days when he refused to provide a breath specimen following his arrest for driving while intoxicated. RehTex. Transp. Code Ann. §§ 724.031 .035 (West 1999 & Supp. 2001). We will reverse the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On October 29, 1999, DPS Trooper A.J. Wolpman stopped appellee Penn Alfonso Jenkins (“appellee” or “Jenkins”) on suspicion of…