Texas Department of Public Safety v. Alford

Respondent Gyles Robert Alford held a commercial driver’s license but was driving a non-commercial vehicle when he was arrested for driving while intoxicated. He refused a breath test, and his license was administratively suspended for two years. The trial court reversed the suspension, and a divided court of appeals affirmed, holding that no factual basis existed for the suspension. 154 S.W.3d 133 (Tex. App.-Waco 2004). We disagree. We also hold that a statute allowing consideration of prior offenses is not an invalid ex post facto law. Accordingly, we reverse the judgment of the court of…