Altes v. State

Darrell Hickman, Justice.

This is an appeal of a conviction for DWI and the only question is whether the appellant was in control of his vehicle when he was drunk. There is no dispute that Altes was drunk, having registered .27 on the intoximeter. Altes contended at trial, however, that he did not drink anything until after he ran his truck into a ditch so that he was never in control of his truck while he was drunk. The prosecuting attorney argued that Altes’ story was “utterly fantastic.” Undoubtedly, the trial judge agreed and found that Altes was intoxicated while he was in control of his…