Hegler v. State

I concur in the first point but dissent from the second one. The appellant was convicted of a second offense DWI over his objection that the breathalyzer test was improperly admitted. The warning and test conducted in this case do not strictly follow the law or even substantially comply with the rules and regulations relating to the subject matter herein.

Appellant, who was suspected of DWI, was taken to the police station for a breathalyzer test. He was given the following warning: “You will be administered a breath test to determine your blood alcohol content. If you take the test you may,…