State v. Patrick

OPINION

Opinion by

Justice DORSEY.

Appellant, the State of Texas, appeals the pre-trial grant of appellee Richard Patrick’s motion for writ of habeas corpus based on double jeopardy grounds. In its sole point of error, the State argues the trial court abused its discretion by holding collateral estoppel, an aspect of double jeopardy, barred relitigation of findings made at an administrative hearing to suspend Patrick’s driver’s license. We reverse and remand.

Patrick was arrested for DWI in San Antonio, Texas. Because he refused to give a breath specimen, the Department of Public Safety sought to…