Fowler v. State, 2007 WL 2315971 (Tex.App.—San Antonio 2007, pet. ref’d) (not designated for publication).

Fernandez v. State, 915 S.W.2d 572 (Tex.App.—San Antonio 1996, no pet.).

Court rejected argument that evidence of the “passive alcohol sensor” was not admissible because it was not certified on the basis that the device was not taking samples for the purpose of determining alcohol concentration but was rather given as one of several DWI FSTs test, and the device merely shows the presence of alcohol.  Qualitative score given by device was not admitted.