Former cop appeals DWI conviction

When former San Antonio police Officer Winder Morales was tried on driving while intoxicated charges last spring, the jury was told that an involuntary blood draw taken over five hours after he crashed an unmarked patrol car showed he had a blood alcohol level of .08.

On Tuesday, Morales' lawyer Jonathon Fischer argued before the 4^th Court of Criminal Appeals that the information should not have been admitted.

Morales was convicted of the Class B misdemeanor and ordered to serve three days in jail as part of a probated sentence.

Morales was on duty in an unmarked patrol car in December 2009 when he flipped the vehicle near the Highway 90 West/South General McMullen intersection.

He refused to take breath test on the scene and a blood draw was ordered. 

"This blood draw was far too removed and was not probative, meaning it did not show exactly what the blood alcohol content was at the time of driving," Fischer said following his oral argument.