Court of Criminal Appeals of Texas

Dawn Kuretsch Stewart, Appellant v. the State of Texas

March 3, 20042004 Tex. Crim. App. LEXIS 380

Summary

The Court of Criminal Appeals held that breath‑test results are relevant evidence of intoxication and may be admitted without retrograde extrapolation, reversing the Fourth Court of Appeals and remanding for further review. Justice Price dissented, arguing the evidence should be excluded under Rule 403 because its prejudicial effect outweighs its probative value.