Davis v. State

OPINION

STONE, Justice.

Appellant, John Isaac Davis (“Davis”), was convicted by a jury of driving while intoxicated. In one point of error, Davis contends the trial court erred by denying his request for the inclusion of two additional instructions in the jury charge. Davis complains of the trial court’s failure to include his requested defini tion of “presence” for purposes of determining the validity of his intoxilyzer results and his requested instruction regarding the effect of the test operator’s failure to comply with DPS regulations regarding the requisite observation period that must…