Texas Department of Public Safety v. Kelton

OPINION

BARAJAS, Chief Justice.

This is an appeal from the judgment of a County Court at Law dismissing the appeal of the Texas Department of Public Safety in a driver’s license suspension case, for want of jurisdiction. We reverse the judgment of the trial court.

I. PROCEDURAL HISTORY

Appellee was arrested on October 27, 1991 for the offense of driving while intoxicated. At the time of his arrest, it was requested that he submit a specimen of his breath in order to determine the alcoholic content of *451his blood. Appellee refused to submit such a specimen. On March 17, 1992, a hearing was conducted…