BRIAN THOMAS KIRSCH, Appellant v. THE STATE OF TEXAS, Appellee, 276 S.W.3d 579

Summary

Defendant argued, inter alia, that the evidence was legally insufficient to sustain his conviction. The court of appeals disagreed. The evidence showed that defendant's blood-alcohol level was 0.10 approximately 80 minutes after the accident occurred. Though the State did not introduce extrapolation testimony at trial, defendant's blood-alcohol results were probative evidence that he had consumed alcohol on the night of the accident. Although defendant experienced head trauma, a doctor suspected that defendant's uncooperative behavior was the result of alcohol rather than head trauma. According to information downloaded from the black box, defendant delayed applying his brake until less than one second before impact with the tractor trailer. The brake timing supported the inference that the delayed response was caused by alcohol. Defendant's excessive speed, nearing 70 m.p.h. on the feeder road, also indicated impaired judgment. Viewing the evidence in the light most favorable to the ...