Raesner v. Texas Department of Public Safety

OPINION

JACKSON B. SMITH, Jr., Justice.

This is an appeal from a judgment in a suit for judicial review of an administrative revocation of a driver’s license.

Gregory Wayne Raesner, appellant, was arrested on July 11, 1997, by Michael L. Hubenak, a peace officer with the Department of Public Safety (DPS), for driving while intoxicated (DWI). Officer Hubenak took Raesner to the Fort Bend County Sheriffs Office, where he administered the statutory DWI warnings. Hubenak asked Raes-ner to submit to a breath test, but Raesner refused. Raesner signed the DWI statutory warnings indicating he refused to…