Atkinson v. State

923 S.W.2d 21 (1996)

Michael Hughes ATKINSON, Appellant,

v.

The STATE of Texas, Appellee.

No. 0248-94.

Court of Criminal Appeals of Texas, En Banc.

May 1, 1996.

Abe Factor, Robert Ford, Fort Worth, for appellant.

Steven W. Conder, Assist. Dist. Atty., Fort Worth, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellant was convicted by a jury of driving while intoxicated (DWI) based partly on a chemical analysis of his breath which indicated that he had an alcohol concentration of.10 or more while…