Luis Enrique Veliz v. State

OPINION

J. Brett Busby, Justice

Appellant Luis Enrique Veliz appeals his conviction for driving while intoxicated. Appellant contends the trial court erred in admitting retrograde extrapolation testimony because the State failed to demonstrate by clear and convincing evidence that the analysis of the testifying expert reliably assessed appellant’s blood alcohol concentration at the time he' was stopped. We agree that the trial court erred in admitting the retrograde extrapolation testimony and hold that the error affected appellant’s substantial rights. We therefore reverse and remand for a…