Smithey v. State

OPINION

ASHWORTH, Justice (Retired).

A jury found appellant guilty of driving while intoxicated. The trial court set his punishment at a fine of three hundred and fifty dollars and ninety days jail confinement, probated for two years.

We reverse and remand.

Appellant’s one point of error contends the trial court erred in refusing to charge the jury on the validity of the observation period that is required by law as a predicate to admission of an intoxilyzer test.

Appellant was stopped by an Arlington police officer in the early morning hours for speeding. The officer concluded appellant was…