Nevarez v. State

OPINION

WARD, Justice.

This is an appeal from a misdemeanor conviction for driving while intoxicated. The jury assessed punishment at twenty-one days confinement (not probated) and a fine of $500.00 (probated). Appellant’s license was suspended. We reverse and remand.

In Ground of Error No. One, Appellant complains that, over objection, the State was permitted to introduce evidence of his refusal to submit to a breathalyzer test. The State relies exclusively upon the Supreme Court decision in South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983). Neville simply provided…