Mireles v. Texas Department of Public Safety

Dissenting opinion on motion for rehearing by:

PAUL W. GREEN, Justice,

joined by Justices DUNCAN and ANGELINI.

This case is solely about whether a breath specimen showing a driver’s blood-alcohol concentration (BAC) in excess of 0.16 an hour after a traffic stop constitutes more than a scintilla of evidence that the driver’s BAC exceeded 0.10 an hour earlier. I would hold that it does not. The majority, however, departs from the controlling standard of review in concluding it was “reasonable” for the trial court to uphold an administrative driver’s license revocation on the record in this case.…