Thomas Kerr Gray, Iii, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction, holding that the trial judge's synergistic‑effect jury instruction was proper because it required intoxication by alcohol and merely accounted for drug‑induced susceptibility. The Court also held that the specific intoxicant is not an element of the DWI offense, rejecting Garcia's dicta. Two dissenting opinions argued that the instruction improperly expanded the charging instrument and should be overruled.