Court of Appeals of Texas May 30, 1997, No. 04-96-01011-CR (Ex parte Wilkinson)

HARDBERGER, Chief Justice.

This is a pre-trial habeas corpus appeal of a trial court’s ruling that an administrative law judge’s finding of no probable cause did not operate as a bar to appellant’s subsequent prosecution for driving while intoxicated. We affirm.

Procedural History

Wilkinson was stopped while driving with an open container .on December 25, 1995.