Brant v. State

OPINION

OSBORN, Justice.

This is an appeal from a jury conviction for driving while intoxicated. The jury assessed punishment at thirty days confinement and a probated fine of $500.00. We affirm.

In Ground of Error No. One, we are confronted with the same issue which we discussed in Nevarez v. State, 671 S.W.2d 90 (Tex.App.—El Paso 1984, no pet.), the admissibility of refusal to submit to a chemical breath test prior to January 1, 1984.

Appellant complains that over objection, the State was permitted to introduce evidence of his refusal to submit to a breath test. The State relies exclusively…