Wilson v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for driving a motor vehicle upon a public highway while intoxicated. See Article 67011 -1, V.A.C.S. After the jury found the appellant guilty, punishment was assessed by the trial court at ten (10) days in the county jail and a $200.00 fine.

In a sole ground of error appellant contends the trial court erred in instructing the jury, over objection, on the presumption of intoxication as a result of a breath test.

The main thrust of appellant’s argument is that even if he “opened the door” 1 and Officer Reynolds was allowed, under…