Porter v. Texas Department of Public Safety

OPINION

BUTTS, Justice.

This is an appeal from suspension of appellant’s driver’s license for refusal to submit to a breathalyzer test. TEX.REV. CIV.STAT.ANN. art. 6701Í-5, § 2(f) (Vernon Supp.1986). We affirm the suspension.

On January 28, 1984, appellant was stopped for speeding by a Texas Highway Patrol Trooper, Darrell Richter. The officer’s affidavit indicates he then observed that appellant’s speech was slurred, his eyes were bloodshot, he had difficulty keeping his balance and emitted a strong odor of alcohol. Appellant was ticketed for speeding and then arrested for driving while…