Kerr v. Texas Department of Public Safety

OPINION

GRANT, Justice.

John Mike Kerr appeals from a ruling of the administrative law judge of the State Office of Administrative Hearings authorizing the Texas Department of Public Safety to suspend his driver’s license for ninety days pursuant to Chapter 724 of the Texas Transportation Code. 1

In his sole point of error, Kerr argues that the Harrison County Court at Law erred in not finding that Sections 724.011 and 724.012 of the Texas Transportation Code are vague, arbitrary, and capricious and, therefore, unconstitutional, because they allow the taking of one or more specimens of breath or…