Atkins v. State

Pope, Judge.

Appellant was charged by accusation with the offense of “driving under the influence.” Although we have been provided no transcript of the trial, appellant admits that the result of an intoximeter test administered subsequent to his arrest showing his blood-alcohol content to be .16% was introduced as evidence at trial.

Appellant’s sole enumeration cites error to the trial court’s refusal to give his timely-filed request to charge to the effect that the presence of .12% or higher blood-alcohol content gives “rise to a mere presumption that a person is under the influence of alcohol…