Sandoval v. State

J. WOODFIN JONES, Justice.

Appellant Gabriel Sandoval appeals the trial court’s refusal to suppress the results of the breath test he took after he was arrested for driving while intoxicated (DWI). See Tex. Penal Code Ann. § 49.04(a) (West Supp.2000). We will affirm.

On July 26, 1998, Officer Randy Harkey of the Hays County Sheriffs Department was driving north on Interstate 35, checking drivers’ speed with radar. Harkey estimated he was moving at sixty miles per hour, but admitted he may have been driving as slowly as fifty-seven miles per hour in the sixty-five mile per hour speed zone. A car…