Lane v. State

The county court at law found appellant guilty of driving while intoxicated and assessed punishment at incarceration for ninety days and a $500 fine, after which it suspended imposition of sentence and placed appellant on community supervision. Tex. Penal Code Ann. § 49.04 (West 1994 & Supp.1997). In his only point of error, appellant contends the court erred by overruling his motion to suppress the result of a breath test for alcohol concentration. See Tex.Code Crim. Proc. Ann. art. 38.23(a) (West Supp.1997) (evidence obtained unlawfully shall not be admitted).

Appellant was arrested by…