I have stayed out of this thread up until this point, because we are all just spectators anyway, but after reading some of these posts I would like to give you a defense attorney's legal view of the case.
1. Josh Brent is charged with Intoxication Manslaughter. You all know that, but in order to be found guilty of that, not only must he be found to have driven while he was intoxicated, but the jury has to find that Brent's intoxication caused the death. If the defense can make the jury believe that Brent always drove over 100 miles per hour and that the accident and Brown's death would have occurred without the intoxication, then he is not guilty of intoxication manslaughter.
2. BAC is not an absolute guarantee of intoxication at the time of driving. A person's body absorbs alcohol, and eliminates alcohol at different rates depending on many factors, such as food, exercise, water, body weight, and time. On the average a person will eliminate alcohol at about .02 per hour through sweat and the lungs. If you turn up a bottle of whiskey and drink it down, you can walk out, get in your car and drive a mile without being DWI, but 10 minutes later, you will be very intoxicated. It takes time for the body to feel the effects. What type of drink he had, and when he had his last in relation to when he drove, compared to when the blood is drawn are factors the jury must consider.
3. Not even a blood test is absolute for the same reason given above.
4. The criticism of the defense attorney is absolutely off-base. In our system of justice, a person is entitled to a vigorous defense and most defense attorneys do their best to provide that. What kind of system would we have if our defense attorneys said, "oh, well, he is guilty so I won't insult your intelligence by mounting a defense"?
5. Brent's attorney does not have to prove he is not guilty. All he has to do is create a "reasonable doubt" in the minds of the jury.
6. Last January, I represented a young lady in a DWI trial. Her BAC, by blood test was .19. The jury found her "not guilty." Reasonable doubt can be found many ways.
7. Most jury trials are a crap shoot. Because you aren't privy to their thought processes and discussions, you never can predict what a jury will do. There is no way a casual observer, much less an slightly informed internet poster can say, whether Brent is guilty or not.
8. And lastly, just for informational purposes, in Texas we use a bifurcated trial system. What that means is that the trial is separated into two parts. First is the guilt-innocence phase where the jury decides only that, guilt or innocence. If they say, "not guilty" the trial is over. If they say "guilty" then the second part of the trial starts and that is when any mitigating or aggravating circumstances are presented. Sentence can be done by the judge or the jury, and the defendant has to choose which, before the trial even begins. I haven't followed this trial, so I do not know what election Brent made in that regard. I would expect that his attorney would choose the jury simply because our judges are elected and he could use this as a political stage to proclaim himself tough on crime. So, if the jury in this case says, "guilty" they will then hear more evidence, including any previous DWI that Brent may have had (they aren't allowed to consider that, or even hear about that, during guilt-innocence) Then they will retire to deliberate about the proper punishment. (and, even though I never predict a jury's decision, the fact that they have not yet reached a decision on guilt-innocence means there is a disagreement among them. When that happens, they will often make compromise decisions and agree to find him guilty but not to send him to prison. They are all instructed not to do that, but experience says they do it anyway.)
9. It is easy to sit behind a computer, read a newspaper or internet account of the evidence and consider this a slam-dunk for the prosecution. It is not that easy.