Malkowsky v. Texas Department of Public Safety

OPINION

JACKSON B. SMITH, Jr., Justice (Assigned).

Diane Marie Malkowsky appeals the trial judge’s order sustaining the administrative suspension of her driver’s license for driving while intoxicated (DWI). We affirm.

Procedural Background

Malkowsky’s license was automatically suspended for refusing a breath test after having been stopped on suspicion of DWI. See Tex.Teansp.Code Ann. §§ 724.032, 724.035(a)(1) (Vernon 1999). The “refusal” was caused by her not blowing a sufficient specimen despite multiple attempts, which failure she admits was due solely to her intoxication. At a contested case…