Scherlie v. State

OPINION

COHEN, Justice.

The appellant was convicted by a jury of driving while intoxicated and the court assessed punishment of 120 days in jail, probated for two years, and a $350.00 fine.

The first ground of error asserts that the court erred in instructing the jury that intoxication is defined as having an alcohol concentration of 0.10% or more because such an instruction constituted an irrebuttable presumption of intoxication and was, therefore, unconstitutional.

The information contained two paragraphs alleging the offense of driving while intoxicated, under Tex.Rev.Civ.Stat. Ann. art.…