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Click here for the full text of this decision FACTS:The appellant, David Allen Lorenz, pleaded not guilty to the misdemeanor offense of driving while intoxicated (DWI). After a jury convicted appellant, the trial court assessed punishment at 180 days in jail, suspended, placed appellant on community supervision for one year, and imposed an $800 fine. Late at night on June 28, 2001, a deputy assigned as a patrol officer with the Harris County Precinct Four Constable’s Office stopped a vehicle driven by appellant for speeding on West FM 1960. When the deputy approached appellant, he noticed that appellant’s eyes were bloodshot, that his speech was slurred, and that he had a strong odor of an alcoholic beverage on his breath. Appellant admitted that he had consumed several beers earlier that night. Appellant performed four field-sobriety tests as follows: 1. the Horizontal Gaze Nystagmus (HGN) test; 2. the walk-and-turn test; 3. the one-leg-stand test; and 4. the Rhomberg test. Appellant exhibited signs of intoxication on each of the tests. From appellant’s performance on the field-sobriety tests, the deputy formed the opinion that appellant had lost the normal use of his mental and physical faculties, by reason of the introduction of alcohol into his body, and arrested appellant for DWI. At the police station, appellant refused to submit a breath sample into the intoxilizer instrument. Appellant also refused to perform any field-sobriety tests while recorded on videotape. At trial, appellant testified that he was not intoxicated, but he acknowledged having consumed portions of three alcoholic beverages. Appellant’s employee, who accompanied appellant that evening, also testified that appellant had not lost the normal use of his mental and physical faculties. HOLDING:Affirmed. The court overrules the appellant’s points of error challenging the legal and factual sufficiency of the evidence to support his conviction for DWI. The appellant’s specific complaint concerns the officer’s testimony that three studies had found that the three field-sobriety tests conducted on appellant � the Horizontal Gaze Nystagmus, the one-leg stand, and the walk-and-turn test � were 91 to 95 percent “accurate” when used in conjunction with each other. The appellant asserts that, by mentioning the HGN test as part of the field-sobriety tests that he performed on appellant, the arresting officer was in effect testifying that the HGN test “correlated to a particular intoxication level” in violation of Emerson v. State, 880 S.W.2d 759 (Tex. Crim. App. 1994). Because the deputy’s testimony outside the presence of the jury effectively quantified appellant’s blood alcohol content to be above the legal limit, the trial court correctly ruled that the arresting officer would not be allowed to correlate the appellant’s performance on field-sobriety tests with his BAC. By excluding all references to BAC, the trial court ensured that the jury received very limited information concerning the studies. Because no references to BAC were made at appellant’s trial, the court holds that the testimony that field-sobriety tests are over 90 percent reliable did not convey the defendant’s specific BAC to the jury. OPINION:Alcala, J.; Radack, C.J., Alcala and Bland, JJ.

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