Burns v. State

OPINION

Opinion by:

STEVEN C. HILBIG, Justice.

Brady Lee Burns was convicted of driving while intoxicated and punishment was assessed at 180 days confinement, probated for eighteen months, and a $1,000 fine. Burns raises two issues, arguing the trial court erred in allowing evidence of retrograde extrapolation before the jury. We affirm the trial court’s judgment.

Background

Bexar County Deputy Sheriff Forest Horecka testified that at approximately 1:40 a.m. on October 15, 2006, he was dispatched to look for a possible intoxicated driver on Highway 87. Approximately five minutes later, he saw a…