Partee v. Texas Dept of Public Safety

Appellant, Stanley Eugene Partee, appeals from a judgment entered affirming an order issued by the State Office of Administrative Hearings suspending his drivers license for two years pursuant to § 724.035 of the Texas Transportation Code Annotated (Vernon Supp. 2007) for refusing a police officers request for a specimen of breath to determine whether he was intoxicated. Partee contends no probable cause existed to believe he was operating a motor vehicle in a public place while intoxicated, no reasonable suspicion existed for his detention, and no probable cause existed for his arrest. We affirm.