Gigliobianco v. State

The question presented is whether the court of appeals erred in upholding the trial court’s ruling admitting certain breath test results in evidence. We hold that the court of appeals did not err.

The Relevant Facts 1

On October 17, 2000, an assistant criminal district attorney of Bexar County filed an information in the trial court charging appellant with driving while intoxicated. See Tex. Pen.Code § 49.04(a). The information charged appellant under both statutory definitions of “intoxicated,” ie., (1) not having the normal use of one’s mental or physical faculties by reason of the…