State v. Clemmer

QUINN, Justice.

The State of Texas (appellant) appeals from an order granting Michael Robert Clemmer’s (appellee) motion to suppress evidence in a prosecution for driving while intoxicated (DWI). It argues, via its sole ground, that the trial court erred in basing its decision on the doctrine of collateral estoppel. We reverse.

Background

Appellee was arrested for DWI and was requested to give a breath specimen to test for the presence of alcohol in his blood stream. Following his refusal to give such a specimen, the Department of Public Safety petitioned for the administrative suspension of his…