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MCCLAIN v. STATE

No. 06-97-00035-CR.

984 S.W.2d 700 (1998)

Donald Lee McCLAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided November 25, 1998.

Opinion Overruling Rehearing January 7, 1999.

Attorney(s) appearing for the Case

J. Gary Trichter, J. Gary Trichter & Associates, Michael B. Charlton, Attorney at Law, Houston, for appellant.

William J. Delmore, Assist. District Attorney, for appellee.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

CORNELIUS, Chief Justice.

Donald Lee McClain appeals from his conviction for driving while intoxicated. We affirm the judgment.

McClain contends that his conviction should be reversed because the trial court (1) improperly refused to grant his motion to suppress; (2) erroneously refused to declare Section 724.061 of the Texas Transportation Code unconstitutional; and (3) erred in refusing to suppress evidence of his refusal of a breath test...

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