Ex parte Reyna

OPINION

The appellant, Victor Manuel Reyna, was arrested on April 13, 1995 for the offense of driving while intoxicated. See Tex. Penal Code AnN. § 49.04 (Vernon 1994 & Supp. 1997). The arresting officer requested that appellant submit a breath sample, but he refused. On April 19, a misdemeanor information was filed charging appellant with driving while intoxicated. On May 25, the Texas Department of Public Safety suspended his driver’s license for ninety days because of the breath test refusal.1 Appellant filed, in the trial court, an application for writ of habeas corpus alleging that he had…