Shannon v. State

ON APPELLANT’S MOTION FOR REHEARING

PEEPLES, Justice.

Appellant’s motion for rehearing is denied. Our opinion of August 29, 1990 is withdrawn and this opinion is substituted.

A jury convicted appellant of driving while intoxicated, and the court assessed punishment at 45 days’ confinement, probated for two years, and a $400.00 fine. Appellant raises eleven points of error, contending that (1) the court erred in failing to suppress evidence of a bottle of Jim Beam whiskey found in his car; (2) article 6701Z-5, § 8(a) and (b), and the Texas Breath Alcohol Testing Regulations are unconstitutional;…