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TEXAS DEPT. OF PUBLIC SAFETY v. JENKINS

No. 03-00-00553-CV.

60 S.W.3d 304 (2001)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Penn Alfonso JENKINS, Appellee.

Court of Appeals of Texas, Austin.

October 18, 2001.

Attorney(s) appearing for the Case

Kevin M. Givens, Texas Dept. of Public Safety, Supervising Atty., Terri Kay Oliver, Austin, for appellant.

William P. McNabb, San Marcos, for appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

MACK KIDD, Justice.

The Texas Department of Public Safety ("DPS") appeals the county court at law's reversal of a DPS administrative order authorizing DPS to suspend the driver's license of Penn Alfonso Jenkins for ninety days when he refused to provide a breath specimen following his arrest for driving while intoxicated. See Tex. Transp. Code Ann. §§ 724.031 .035 (West 1999 & Supp. 2001). We will reverse the trial court's judgment.

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