Background

• Appellant Jaime L. Gamez was convicted of felony driving while intoxicated (DWI) enhanced by a prior felony DWI and sentenced to 15 years.
• Evidence at trial showed no failed field sobriety tests, no breath test, no accident, no lane-swerving, and no staggering; the State relied on police officer observations and opinions.
• Two officers testified to cues of intoxication (odor of alcohol, red eyes, unsteadiness, urine on clothing, bottle inside the car) and to the refusal of tests, with one open beer found in the vehicle.
• Appellant argues the evidence is legally insufficient to prove intoxication without BAC or other corroborating factors; the trial court’s denial of suppression is also challenged.
• The Fourteenth Court of Appeals affirmed the conviction; Gamez filed a petition for discretionary review alleging conflict with other courts’ decisions.
• This Court granted review on Ground One to address whether the evidence was legally sufficient to prove intoxication.

Issues

Key Cases Cited

• Annis v. State, 578 S.W.2d 406 (Tex. Crim. App. 1979) (officer’s opinion testimony can prove intoxication)
• Kiffe v. State, 361 S.W.3d 104 (Tex. App.—Houston [1 Dist.] 2011) (officer’s observation of slurred speech, unstable gait supports intoxication)
• Irion v. State, 703 S.W.2d 362 (Tex.App.-Austin, 1986) (presence of intoxication indicators supports conviction)
• Scott v. State, 914 S.W.2d 628 (Tex.App.-Texarkana, 1995) (officer testimony about intoxication can sustain conviction)
• Martin v. State, 724 S.W.2d 135 (Tex.App.-Fort Worth, 1987) (communications of impairment plus other cues support intoxication)