Bass v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted for the offense of driving while intoxicated and assessed a punishment of six months confinement and a fine of $500.00, both probated. In an unpublished opinion the El Paso Court of Appeals reversed appellant’s conviction, holding that the trial court erred in admitting evidence of his refusal to submit to a breathalyzer test. Bass v. State (Tex.App — El Paso, No. 08-0-83-00113-CR, delivered May 2, 1984).

Recognizing that Tex.Rev.Civ.Stat.Ann., art. 6701l-5, § 3(g) presently allows such evidence to be…