State v. Marrs

OPINION

Opinion by

Justice HINOJOSA.

The State appeals from the trial court’s order granting the “Motion to Suppress Purported Refusal to Take Breath Test” of appellee, Michael Lavern Marrs. We reverse and remand.

On November 23, 2000, appellee was arrested for the offense of driving while intoxicated (“DWI”). 2 He provided a breath sample for testing, however the sample was not sufficient to register a result on the intoxilyzer. Appellee’s inability to provide a measurable breath sample was deemed a refusal to do so by the arresting officer.

Appellee filed a motion to suppress his purported…