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TEXAS DEPT. OF PUBLIC SAFETY v. WATSON

No. 01-96-00482-CV.

945 S.W.2d 262 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. William Hayden WATSON, Appellee.

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

April 17, 1997.

Attorney(s) appearing for the Case

Stacey Suzette Zipp, Houston, for Appellant.

Lloyd D. Stansberry, Alvin, for Appellee.

Before HEDGES, O'CONNOR and HUTSON-DUNN, JJ.

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...

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