Hitt v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for driving while intoxicated. The jury found appellant guilty and the trial court assessed punishment at a fine of $150.00 and thirty days, probated for nine months.

Appellant in his sole ground of error contends that the trial court erred in permitting the State to elicit testimony before the jury, over appellant’s objection, that appellant had been offered a breathalyzer test and had refused to take the test.

The State contends that Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966) and Olson v. State,…