Vorwerk v. Texas Department of Public Safety

The County Court at Law of Williamson County rendered judgment authorizing ap-pellee, Texas Department of Public Safety, to suspend appellant’s driver’s license for refusing to give a breath sample. Tex.Rev. Civ.Stat.Ann. art. 6701Z-5 (Supp.1988). From this judgment, appellant, Harvey Ray Vorwerk, seeks an appeal to this Court. We will set aside the judgment of the court below and dismiss the appeal.

Appellant was arrested on December 27, 1985, for driving while intoxicated. He refused to furnish a breath sample to the officer on request, in violation of art. 6701Z -5, § 1. Appellee petitioned…