Adolphus Ewerokeh v. State

DAVIS, Justice (Retired).

Appeal is taken from a conviction for the misdemeanor offense of driving while intoxicated. See Tex.Rev.Civ.Stat.Ann. art. 6701/-1 (Supp.1992). Trial was before the court upon a plea of not guilty. Punishment was assessed at one-hundred eighty days confinement and a fine of one thousand dollars. The confinement and six-hundred dollars of the fine were probated for a period of two years.

Appellant asserts two points of error. In his first point of error, appellant urges that the trial court erred in refusing to suppress the results of a breath test due to the fact that…