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DEPARTMENT OF PUBLIC SAFETY v. HIRSCHMAN

No. 10-04-00290-CV.

169 S.W.3d 331 (2005)

DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Jack Edward HIRSCHMAN, Appellee.

Court of Appeals of Texas, Waco.

June 15, 2005.

Attorney(s) appearing for the Case

Rene S. Lial, Texas Department of Public Safety, Austin, for appellant.

Lane D. Thibodeaux, Law Office of Lane D. Thibodeaux, Bryan, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

The Texas Department of Public Safety ("Department") suspended Jack Edward Hirschman's license based on his refusal to give a blood or breath specimen. This administrative suspension was reversed by the county court at law. The Department appeals the court's order in three issues: (1) error in requiring the Department to prove that Hirschman was actually driving while intoxicated; (2) error in considering "equally plausible but...

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