Youens v. State

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 officers testimony concerning appellants 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 appellants receiving his Miranda warning; and (3) by denying appellants motion for instructed verdict contesting sufficiency of the evidence proving appellant was operating the vehicle. We affirm.