Hall v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction for driving while intoxicated. Punishment was assessed at forty-five days and a $300 fine, probated.

In his second ground of error, appellant argues that the trial court erred in refusing his specially requested instruction on the issue of whether he voluntarily consented to take a breathalyzer test. At trial, appellant testified as follows:

“A. He just said I was informed — he asked me to take a breath test and I said ‘Do I have to’.

“Q. What did he tell you then?

“A. He said ‘No, you don’t have to but if you don’t you’re automatically…