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MALKOWSKY v. TEXAS DEPT. OF PUBLIC SAFETY

No. 01-00-01277-CV.

53 S.W.3d 873 (2001)

Diane Marie MALKOWSKY, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

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

August 16, 2001.

Attorney(s) appearing for the Case

Paul Mewis, Houston, for Appellant.

Daniel W. Leedy, Asst. Dist. Atty., Travis J. Koehn, Crim. Dist. Attorney-Austin County, Bellville, Kevin M. Givens, Supervising Atty., ALR Appeals, Austin, for Appellee.

Panel consists of Justices COHEN, BRISTER, and SMITH.

OPINION

JACKSON B. SMITH, Jr., Justice (Assigned).

Diane Marie Malkowsky appeals the trial judge's order sustaining the administrative suspension of her driver's license for driving while intoxicated (DWI). We affirm.

Procedural Background

Malkowsky's license was automatically suspended for refusing a breath test after having been stopped on suspicion of DWI. See Tex.Transp.Code Ann. §§ 724.032, 724.035(a)(1) (Vernon 1999...

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