The CCA ruled on Stewart v. State today.

The CCA reversed the 4th Court of Appeals ruling and stated that Breath Tests are relevant to the issue of intoxication.

Maybe now we can get breath test results in!

I just finished reading the opinion. The majority declined to address the defendant's Rule 403 argument, and the dissent adopted the argument that the breath test results are more prejudicial than probative if you have no retrograde extrapolation evidence. That doesn't hold water. If a breath test is more prejudicial than probative without extrapolation evidence, then we've been using tons of other inadmissible evidence for years in DWI cases. For example, videotaped sobriety test evidence at the jail, defendant's admissions at the stop that they had "a couple a beers a few hours ago," etc. Taken to its logical end, the dissent's argument would give us only driving facts and field sobriety test evidence. Nothing else would be admissible without extrapolation under either theory of intoxication. Don't let your defense lawyers or judges go crazy with that 403 argument.