Bass v. State

For the reasons that I state herein, as well as the reasons I have stated in the dissenting opinions that I have filed in Thomas v. State, 723 S.W.2d 696 (Tex.Cr.App.1986), Mc Ginty v. State, 723 S.W.2d 719 (Tex.Cr.App.1986), and McCambridge v. State, 712 S.W.2d 499 (Tex.Cr.App.1986), I respectfully dissent.

This is another driving while intoxicated case where the accused, after being arrested and receiving his Miranda warnings,1 when requested to do so, refused to take the chemical breath test.

The facts reflect that the appellant was arrested for the offense of driving while intoxicated.…