Harrell v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

The San Antonio Court of Appeals reversed appellant’s conviction for driving while intoxicated, holding that the test results and interpretation thereof from appellant’s breath test should not have been admitted at trial. The Court held that the State failed to show a part of the intoxilyzer equipment was individually certified as required by the Breath Alcohol Testing Regulations (hereinafter “regulations”) promulgated by the Texas Department of Public Safety. See V.A.C.S. Article 6701Z -5 and Tex. Dept, of Public Safety,…