Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the County Court at Law No. 1 of Nueces County,
Chief Justice Valdez and Justices Longoria and Hinojosa.
ROGELIO VALDEZ Chief Justice.
administrative law judge (ALJ) entered an order suspending
appellee Jason Daniel Pena's driver's license
following his arrest for driving while intoxicated (DWI).
Pena appealed the decision to the county court, which
reversed the ALJ's suspension order. We reverse and
render judgment reinstating the ALJ's suspension order.
March 21, 2014, Officer Alan McCollom of the Corpus Christi
Police Department arrested Pena for DWI outside a bar.
Officer McCollom asked Pena to provide a breath specimen, and
Pena refused. Thereafter, the Department sought suspension of
Pena's driver's license based on his refusal to
provide a breath specimen pursuant to section 724.035 of the
Texas Transportation Code. See Tex. Transp. Code
Ann. § 724.035(a) (West, Westlaw through 2015 R.S.)
(authorizing license suspension for a person who refuses to
provide a breath specimen after being arrested for DWI).
Administrative Suspension Hearing
convened an administrative hearing, at which the Department
shouldered the burden to prove the following elements in
order to suspend Pena's driver's license:
1. [R]easonable suspicion . . . existed to stop . . . [Pena];
2. [P]robable cause existed to believe that [Pena] was . . .
operating a motor vehicle in a public place while
3. [Pena] was placed under arrest by the officer and was
requested to submit to the taking of a specimen; and
4. [Pena] refused to submit to the taking of a specimen on
request of the officer.
Transp. Code Ann. § 724.042(1)-(4) (West, Westlaw
through 2015 R.S.).
disputed issues at the hearing centered on the first two
elements-i.e., whether there was reasonable suspicion to stop
and probable cause to arrest Pena for DWI. To satisfy these
elements, the Department offered Officer McCollom's
written report of the arrest into evidence without objection.
Officer McCollom's report contained the following
relevant facts regarding the events leading up to Pena's
• Stacy Jorgensen, an off-duty peace officer employed by
a school district, called dispatch to report that he had
followed "a possible intoxicated driver" to a bar
after he observed the driver swerve out of his lane across
multiple lanes, clip the ...