Doyle v. State

OPINION

SAM NUCHIA, Justice.

A jury found appellant, Kevin Patrick Doyle, guilty of the offense of driving while intoxicated (“DWI”). See Tex. Penal' Code Ann. §§ 49.01, 49.04 (Vernon 2003). The trial court assessed punishment at 120 days in jail, suspended the sentence and placed appellant on community supervision for 18 months, and assessed an $800 fine. On appeal, appellant challenges the trial court’s denial of his motion to suppress and denial of his request for a jury instruction in accordance with Code of Criminal Procedure article 38.23(a).

We affirm.

Background

Just after midnight on June…