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Washburn v. State

7/15/1999



A jury found appellant, Glenn Eldon Washburn, II, guilty of driving while intoxicated, and the trial court assessed punishment at 180 days in the county jail, probated for 24 months (appeal no. 01-97-00413-CR; trial no. 67328). We affirm.


In a single point of error, appellant asserts that his prosecution for driving while intoxicated was both jeopardy-barred and collaterally estopped because he was already punished by having his driver's license suspended for refusing to submit a breath specimen.


Appellant's arguments have been decided adversely to him. An administrative license revocation is not "punishment" for double jeopardy purposes. Tharp v. State, 935 S.W.2d 157, 161 (Tex. Crim. App. 1996). The State is not collaterally estopped from proceeding with a prosecution for driving while intoxicated based on the findings of an administrative law Judge at a license revocation hearing. See State v. Brabson, 976 S.W.2d 182, 184 (Tex. Crim. App. 1998); Church v. State, 942 S.W.2d 139, 140 (Tex. App.-Houston [1st Dist.] 1997, pet. ref'd).


We overrule the point of error.


We affirm the judgment.


Do not publish. Tex. R. App. P. 47.






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