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TEXAS DEPT. OF PUBLIC SAFETY v. VARME

No. 01-06-00874-CV.

262 S.W.3d 34 (2008)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Byron Kahrs VARME, Appellee.

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

June 19, 2008.

Attorney(s) appearing for the Case

Lisa Rice Hulsey, Assistant County Attorney, Houston, TX, for Appellant.

John S. Cossum, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.

OPINION

SHERRY RADACK, Chief Justice.

We decide whether dismissal of criminal prosecution charges for driving while intoxicated (DWI) requires civil reinstatement of driving privileges suspended under the "Implied Consent" provisions of chapter 724 of the Transportation Code.1 Appellant, the Department of Public Safety (DPS), challenges a lower-court order vacating an order by an administrative law judge (ALJ). After conducting...

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