Gillentine v. State

OPINION

DUGGAN, Justice.

After a bench trial, the court found appellant guilty of the misdemeanor offense of driving while intoxicated, and assessed his punishment at two years probation and a fine of $300.

In his sole point of error, appellant asserts that the trial court erroneously admitted the police officer’s observations about appellant’s physical condition at the time of his arrest, and appellant’s response to field sobriety tests. Appellant argues that this evidence was the product of an illegal pretext arrest, and should, therefore, have been excluded under the fourth amendment to the…