Plouff v. State

SUBSTITUTE OPINION

KEM THOMPSON FROST, Justice.

We overrule appellant’s motion for rehearing. We withdraw the opinion issued in this case on October 18, 2005, and we issue this substitute opinion in its place.

Appellant Kenny Michael Plouff challenges his conviction for misdemeanor driving while intoxicated (“DWI”). He contends the trial court erred in admitting evidence of the horizontal gaze nystagmus (“HGN”), walk-and-turn, and one-leg stand tests. We affirm.

I. Factual and PROCEDURAL Background

This case arises out of a traffic stop on March 9, 2003. Officer Mask of the Texas Department of…