McGee v. State

DICE, Judge.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.

The State’s evidence shows that appellant was stopped and arrested around 2 A.M. by Officer Don Garrison after he had clocked appellant driving his automobile at a speed of 80 miles per hour on the Pan American Expressway in the city of San Antonio. Officer Garrison testified that after he stopped appellant, he could smell a strong odor of alcohol on his breath; that his speech was slightly confused; that his walk was “swaying” and expressed his opinion that appellant was…