Texas Department of Public Safety v. Fisher

OPINION

Opinion By Justice O’NEILL.

Appellant the Texas Department of Public Safety (DPS) appeals a judgment reversing an administrative law judge’s (ALJ) order suspending appellee Billy O’Neil Fisher’s driver’s license. DPS presents two issues contending the county court erred because substantial evidence supported the ALJ’s reasonable suspicion and probable cause determinations. We reverse the county court’s judgment and render judgment reinstating the ALJ’s order.

Facts

On February 12, 2000, Officer Paul Middleton arrested Fisher for driving while intoxicated (DWI). Fisher refused a breath…