Brian Thomas Kirsch, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction for driving while intoxicated, holding that the trial judge's limiting instruction on the blood‑alcohol evidence was improper but did not require reversal because the totality of the evidence supported a per se intoxication finding. The Court found the BAC test result admissible and probative even without retrograde extrapolation, and that other evidence established intoxication at the time of driving. A dissent argued that the limiting instruction barred any consideration of the BAC evidence, necessitating reversal and a new trial.