Kemp v. State

BELCHER, Commissioner.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $300.00.

A Texas Highway Patrolman testified that immediately- after the appellant got out of a pickup which he had seen him driving upon a public highway, the appellant began cursing, and staggered while walking; that his eyes were glassy, and he smelled the odor of alcohol on his breath. The patrolman expressed the opinion that appellant was intoxicated. Appellant requested a blood test but refused to permit a nurse to remove a blood specimen after he was taken to the hospital,…