Texas Department of Public Safety v. Cuellar

PHIL HARDBERGER, Chief Justice.

This is an appeal of a trial court judgment reinstating the appellant, Luis Cuel-lar’s (“Cuellar’s”), driver’s license. Cuellar was arrested for driving while intoxicated (“DWI”) and consequently asked to give a breath sample into an intoxilyzer. Cuellar failed to successfully complete the examination, and had his driver’s license suspended per the implied consent statute contained in the Texas Transportation Code. An administrative hearing was held contesting the suspension, wherein the Administrative Law Judge (“ALJ”) sustained the Texas Department of Public…