Background

• Appeal from a Galveston County felony DWI conviction (third or more) following a jury verdict.
• Officers observed an erratic grey van and driver changed lanes without signaling, then again
• Driver emerged from van, appeared unsteady, swayed, and had a wet spot on his pants; odor of alcohol
• Driver gave an incoherent story, claimed to be going to Freeport, and lied about his name
• SFSTs were failed; walk-and-turn indicated intoxication; one-leg stand was not completed; breath test refused
• Arrest led to vehicle inventory showing beer odor, cans, and a cup smelling of alcohol; defendant later testified

Issues

Key Cases Cited

• Cotton v. State, 686 S.W.2d 140 (Tex. Crim. App. 1985) (characteristics of intoxication include odor, slurred speech, unsteady balance)
• Felder v. State, 848 S.W.2d 85 (Tex. Crim. App. 1992) (false identification indicates consciousness of guilt)
• Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (sufficiency standard and circumstantial evidence considerations)
• Kirsch v. State, 306 S.W.3d 738 (Tex. Crim. App. 2010) (erratic driving and post-driving behavior support intoxication inference)
• Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (sufficiency review and inference from multiple incriminating facts)
• Annis v. State, 578 S.W.2d 406 (Tex. Crim. App. 1979) (officer testimony that defendant intoxicated is probative evidence)
• Henderson v. State, 29 S.W.3d 616 (Tex. App.—Houston [1st Dist.] 2000) (trial court findings on intoxication supported by testimony)