Lee v. State

*567The conviction is under Art. 802b, V.A.P.C., for the subsequent offense of driving while intoxicated; the punishment, one year in jail.

The evidence was undisputed that on the date alleged, the appellant, while driving his automobile upon a public street and highway in Harris County, was involved in a collision with two other automobiles. Witnesses called by the state, who observed appellant at the scene after the collision, testified that they could smell alcohol on his breath; that he walked “very unstable,” “staggering”; that he talked “incoherent,” with a “thick speech”; and expressed the…