Hailey v. State

OPINION

HERVEY, J.,

delivered the unanimous opinion of the Court.

In this case we decide that the Court of Appeals should not have reversed appellant’s felony DWI conviction under a theory that appellant did not raise at trial or on appeal.

The evidence showed that appellant was the driver of a car involved in a traffic accident. Appellant appeared to be extremely intoxicated to the two police officers who arrived at the scene. At their request appellant blew into a portable breathalyzer instrument resulting in a reading of [.337] which was more than three times the legal limit. In similar…