Slagle v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for driving while intoxicated. Punishment was assessed at 30 days’ imprisonment and a $100.00 fine, probated.

Appellant’s first ground of error complains that the trial court erred in submitting the instruction concerning the presumption of intoxication under Article 67017 -5, Section 3(a), V.A.C.S., 1 because the State failed to prove beyond a reasonable doubt the facts required to establish said presumption. It is the contention of appellant that the testimony on the administration of the breathalyzer examination showed that the…