Brown v. State

Deen, Presiding Judge.

Gerald E. Brown brings this appeal from his conviction of DUI.

1. The evidence showed that the police officer who stopped appellant after noticing his vehicle weaving in the road requested that the accused take some field sobriety tests and a breath test. He agreed to submit to an intoximeter test, and the officer testified that three attempts to give a breath sample failed because appellant was unable to blow hard enough into the machine. The Intoximeter 3000 machine produced a print-out after the third attempt which read “test refused.”

Brown first contends that the…