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ARNOLD v. STATE

No. 01-95-00633-CR.

920 S.W.2d 704 (1996)

Dennis Scott ARNOLD, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled February 29, 1996.

Attorney(s) appearing for the Case

Stanley G. Schneider and J. Gray Trichter, Houston, for Appellant.

John B. Holmes, Jr., Alan Curry, and Brenda Doucette, Houston, for Appellee.

Before COHEN, HEDGES and TAFT, JJ.

OPINION

COHEN, Justice.

Appellant, Dennis S. Arnold, appeals the denial of his application for writ of habeas corpus. The issue in this case is whether the administrative suspension of a driver's license for one arrested for driving while intoxicated (DWI) who fails a breath test constitutes a bar to prosecution for DWI on the basis of double jeopardy. We hold that it does not.

Facts

On January 19, 1995, a Houston police officer clocked...

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