Youens v. State

OPINION

TIM TAFT, Justice.

A jury convicted appellant of driving while intoxicated, and the trial court sentenced him to 90-days imprisonment, suspended for 180-days community supervision, and a $1,000 fine. We address whether the trial court erred: (1) by admitting the arresting officer’s testimony concerning appellant’s performance on the horizontal gaze nystagmus field sobriety test (HGN) test as quantitative evidence of intoxication; (2) by admitting evidence of sobriety testing because it elicited testimonial acts prior to appellant’s receiving his Miranda warning; and (3) by denying…