Mody v. State

OPINION

FOWLER, Justice.

Nielson Mody, appellant, was charged by complaint and indictment with the offense of driving while intoxicated. See Tex Pen.Code Ann. § 49.04 (Vernon Supp. 1999). Appellant entered a plea of nolo contendere. The court assessed punishment, pursuant to a plea bargain, at confinement in jail for 180 days, probated for two years and a $600 fine. In two points of error, appellant claims the trial court erred in failing to declare unconstitutional section 724.061 of the Texas Transportation Code and in refusing to suppress evidence of the breath test refusal because of the…