State v. Brian Dozier

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00648-CR

The State of Texas, Appellant

v.

Brian Dozier, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY,

NO. 70,476, HONORABLE LINDA A. RODRIGUEZ, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The State appeals the trial court's order granting Brian Dozier's motion to suppress the results of an intoxilyzer test in its prosecution of Dozier for driving while intoxicated. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 2004) (appeal by State); Tex. Pen. Code Ann. § 49.04 (West 2003) (driving while intoxicated). At a…