Bell v. State

OPINION

JUNELL, Justice

(sitting by designation).

This is an appeal of a conviction for driving while intoxicated (“DWI”). A jury found appellant Bell guilty, and the court assessed his punishment at 120 days in the county jail. He complains that the trial court (1) refused to submit jury instructions on the issue of his consent to the taking of a blood sample and (2) denied him the opportunity to earn good-conduct time during his jail term. We reverse.

On July 4, 1992, at approximately 10:35 p.m., Bell ran his car into a ditch. A witness saw the car leave the road, stopped to render aid, and saw…