Balios v. Texas Department of Public Safety

COUNTISS, Justice.

This is an appeal from a summary judgment suspending for 90 days the driver’s license of appellant John Balios. Appellee, the Texas Department of Public Safety (“DPS”) sought, and obtained, the suspension because Balios refused to take a breath test to determine whether he was driving while intoxicated. Balios says his motion for summary judgment, not DPS’s motion, should have been granted, because DPS did not follow the statutory procedure for obtaining a suspension of his license. Specifically, says Balios, DPS did not request an administrative hearing in the manner and…