Court of Criminal Appeals of Texas

Julian Kuciemba, Appellant v. the State of Texas

May 26, 20102010 Tex. Crim. App. LEXIS 639

Summary

The Court of Criminal Appeals held that circumstantial evidence, including the appellant’s intoxication at the accident scene, a one‑car collision, failure to brake, and a high blood‑alcohol level, is sufficient to support a conviction for driving while intoxicated without direct proof of a temporal link between driving and intoxication. The majority reversed the lower court and remanded for further proceedings. Justice MEYERS dissented, arguing that the evidence does not establish the required temporal link and that the conviction should be affirmed.