McClain v. State

OPINION

CORNELIUS, Chief Justice.

Donald Lee McClain appeals from his conviction for driving while intoxicated. We affirm the judgment.

McClain contends that his conviction should be reversed because the trial court (1) improperly refused to grant his motion to suppress; (2) erroneously refused to declare Section 724.061 of the Texas Transportation Code unconstitutional; and (8) erred in refusing to suppress evidence of his refusal of a breath test because of the warning officer’s erroneous advice to him on the consequences of refusal.

A Houston police officer stopped McClain’s vehicle after he…