Brian Thomas Kirsch, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction for DWI, holding that the per se intoxication jury charge was proper despite the trial judge's improper limiting instruction, because the BAC evidence was admissible and, together with other evidence, was sufficient to infer a BAC of .08 or higher at the time of driving. Justice Price dissented, arguing that the limiting instruction barred any consideration of the BAC evidence for per se intoxication and therefore required reversal.