Howes v. State

OPINION

Opinion by

Chief Justice MORRISS.

Whether Ralph Hugh Howes was observed for at least the mandatory fifteen minutes before he was given an intoxilyzer test is central to his appeal from his conviction and seventy-five year sentence for felony driving while intoxicated.

The evidence shows that Howes was stopped by a local policeman, Fred Ellis, and his partner, at about 11:00 p.m. in Gladewater, Texas. Ellis gave Howes var ious field sobriety tests and, based on Howes’ poor results, arrested him. The activities were videotaped by the officer’s car-based camera, and the videotape bears a…