Atkins v. State

MACK KIDD, Justice.

A jury convicted Mickey Dale Atkins of the offense of driving while intoxicated (“DWI”) 1 and assessed punishment at 180 days in the county jail, probated for twelve months, and a fine of $2,000, $1,000 of which was probated. In seven points of error Atkins claims the trial court erred in its instructions and charge to the jury. 2 Although we disapprove of an instruction given by the trial court, we .will affirm the judgment of conviction.

BACKGROUND

On August 10, 1996, Trooper Eric Hansen of the Texas Department of Public Safety (the “DPS”) initiated a traffic stop of Atkins…