Kirby v. State

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is an appeal from a misdemeanor jury conviction for driving while intoxicated. The court assessed punishment at thirty days confinement (probated) and a fine of $250.00. We reverse and remand.

In Ground of Error No. One, Appellant complains of the exclusion of defensive evidence. Appellant was arrested shortly after 9:00 p.m., March 10, 1985. At the time of his arrest, Appellant submitted to an intoxilyzer test which indicated a 0.13% blood alcohol level. Appellant requested a blood test. He was taken to the Reagan County Hospital where a blood…