Texas Department of Public Safety v. Watson

OPINION

HEDGES, Justice.

We are asked to decide whether a breath specimen, breathed into a portable breath tester (PBT) as one of a battery of field sobriety tests, constitutes a “breath specimen” as defined by the Texas implied consent law. The appellant, the Texas Department of Public Safety (the Department), appeals from the order of the county court at law overturning the suspension of the driver’s license of the appellee, William Hayden Watson. In two points of error, the Department contends the county court at law erred when it (1) held that Watson had provided a specimen in compliance…