Joseph Leon Carrasco v. State, 11-13-00305-CR

Appellant Joseph Leon Carrasco was convicted by a jury of driving while intoxicated with an eight-year-old passenger; sentence suspended and five-year community supervision imposed with a $2,500 fine.
Officer Bush stopped Carrasco after defective equipment prevented reading the plate; Carrasco did not immediately stop, and an 18-oz can of Miller Lite was found within arm’s reach in the front seat.
Officer Bush smelled strong alcohol on Carrasco, observed bloodshot/glassy eyes, and Carrasco refused field sobriety tests; Bush arrested him and took him for a blood draw.
Blood was drawn 2 hours 20 minutes after the stop; lab results showed BAC readings at or above 0.08 g/100 mL (multiple tests reported between 0.0893 and 0.0917; one reported 0.08).
The jury was charged on both impairment (loss of normal use) and per se (BAC ≥ 0.08) theories of intoxication; the verdict was general guilty.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove intoxication while driving with a child passenger	State: Totality of circumstances (odor, bloodshot eyes, cold beer in reach, refusal to test, BAC ≥ 0.08 at blood draw) supports either per se or impairment theory	Carrasco: No evidence of driving difficulty or erratic operation; 2 hr 20 min gap between stop and blood draw undermines temporal link to driving	Affirmed: Evidence sufficient—jury could credit officer and find intoxication under either theory given BAC results and circumstantial indicators

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
Kirsch v. State, 306 S.W.3d 738 (BAC results are highly probative for per se and impairment theories)
Kuciemba v. State, 310 S.W.3d 460 (need for temporal link between intoxication and driving)
Bagheri v. State, 119 S.W.3d 755 (alternate means: general verdict upheld if evidence sufficient for any alleged theory)