William Harold Turpin, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed William Harold Turpin's conviction for driving while intoxicated. It held that the trial court's jury instruction on the statutory presumption of intoxication complied with the Texas Penal Code, that no statutory presumption of sobriety exists at a BAC of 0.05%, that the breathalyzer results were admissible despite alleged fraudulent consent, and that the failure to preserve breath test ampoules was not material or exculpatory. The Court also rejected Turpin's challenges to the statutory caption and to the denial of a special sobriety instruction.