Derichsweiler v. State (2012)

In Derichsweiler v. State, 359 S.W.3d 342, 346 (Tex. App.--Fort Worth 2012, pet. ref'd), the appellant complained that the trial court admitted a hearsay document, the toxicology report, into evidence. Id. The Court held that, in the context of the entire case, any error that the trial court made when it admitted the toxicology report was harmless because the evidence included the testimony of officers that the defendant showed signs of intoxication as well as a video tape of the defendant. Id. The first way in which the State can prove intoxication is through evidence that the accused has lost the use of his mental or physical faculties. Derichsweiler, 359 S.W.3d at 347. Alternatively, the State can prove intoxication by proof that Appellant's blood alcohol content exceeded the statutory maximum. Id.