Davis v. State

Sognier, Judge.

Davis appeals his conviction of driving under the influence of alcohol and driving too fast for conditions.

Deputy sheriff James Walker observed appellant drive across the centerline of a highway about 11:45 p.m. and followed him on a dirt road. Appellant stopped at a house and when Walker asked for appellant’s driver’s license and insurance card, he smelled alcohol on appellant’s breath and arrested him. Appellant was given an intoximeter breath test, but put his tongue in the bottle so the intoximeter would not work properly. Walker testified that appellant’s ability to drive…