Dudley v. State

OPINION

PHILLIPS, Judge.

Appellant was convicted of the offense of driving while intoxicated, and his punishment was assessed at a fine of $100.00 and 30 days in jail. The jail term was probated for two years.

*707Appellant’s sole contention on appeal is that the court reversibly erred in permitting the State, over appellant’s objection, to elicit testimony before the jury that appellant had been offered and had refused to take a breath test.

It is the State’s contention that Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), and Olson v. State, Tex.Cr.App., 484 S.W.2d 756,…