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MIRELES v. TEXAS DEPT. OF PUBLIC SAFETY

No. 99-0612.

9 S.W.3d 128 (1999)

Albert MIRELES, Jr., Petitioner, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Respondent.

Supreme Court of Texas.

December 9, 1999.

Attorney(s) appearing for the Case

George A. Scharmen, II, San Antonio, for Petitioner.

S. Kyle Duncan, Carla Elaina Eldred, Kevin Michael Givens, John Cornyn, Andy Taylor, Linda Eads, Gregory S. Coleman, Austin, for Respondent.

PER CURIAM.

Albert Mireles, Jr., was stopped for speeding and arrested on suspicion of drunk driving. The arresting officer noted that Mireles had slurred speech and glassy eyes, had a strong odor of alcoholic beverage on his breath, and swayed as he walked. Mireles also failed field sobriety tests. Breath tests administered about one hour later showed Mireles' alcohol concentration to be 0.161 and 0.162. Because Mireles had a blood-alcohol concentration above the...

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