John Jordy v. State

OPINION

ANNE GARDNER, Justice.

Introduction

Appellant John Jordy appeals his conviction for felony driving while intoxicated (DWI). In a single point, he contends that the trial court abused its discretion by admitting testimony describing a correlation between the horizontal-gaze-nystag-mus test (HGN) and breath-test results. The State concedes that this testimony ordinarily would have been inadmissible but argues that Appellant opened the door to it and was not harmed by it. We affirm.

Facts

Outside the “normal realm of stupidity”

As Christopher Parker drove his family northbound on the…