by | Published
NEW BRAUNFELS, Texas - A 41-year-old La Porte man with six previous DWI convictions was sentenced to 45 years in prison after his 10th DWI arrest, a case that began when police found him asleep behind the wheel of a pickup truck stopped in a New Braunfels traffic lane.
Brian Cooper was sentenced August 20, 2026, after previously pleading guilty to Driving While Intoxicated with Two or More Previous Convictions. Cooper elected to have a judge determine his punishment, and Judge Gary Steel of the 274th District Court imposed the sentence.
Prosecutors said Cooper's criminal history includes six previous DWI convictions, all from Harris County, while the New Braunfels case represented his 10th DWI arrest.
Because of his extensive criminal record, Cooper was punished as a habitual offender. He was also on parole when the latest offense occurred and had previously served two separate prison sentences of two and four years.
The latest case began at approximately 8:30 p.m. on October 29, 2024, when New Braunfels Police officers were dispatched to Loop 337 and East Common Street for a report of a stalled vehicle.
Officers found a pickup truck towing a travel trailer stopped in the left northbound through lane of Loop 337. Cooper was asleep in the driver's seat with two dogs inside the truck, according to prosecutors.
Officers knocked on the window several times before Cooper woke up. As he awakened, the truck began rolling forward and struck one of the patrol vehicles at the scene.
Cooper told officers he had traveled from La Porte to New Braunfels and planned to remain in the area for approximately one month.
Police reported observing several signs of intoxication, including a strong odor of alcohol, swaying and staggering, and watery, glassy and bloodshot eyes. Officers also found two alcoholic beverage containers inside the vehicle, including vodka and an alcoholic energy drink.
After conducting standardized field sobriety tests, officers obtained a warrant for a blood draw.
Testing later determined Cooper had a blood alcohol concentration of 0.182, more than twice Texas' legal limit of 0.08.
Prosecutors said Cooper became uncooperative during the blood draw and had to be restrained. During transport, he also repeatedly removed his seat belt and moved his handcuffs from behind his back to the front despite instructions from officers.
During the punishment hearing, 3L Bar Card Prosecutor Kyra Swartz played video footage of the incident for the court and argued that Cooper's lengthy history demonstrated that previous arrests, convictions and prison sentences had failed to stop him from driving while intoxicated.
“Cooper has run out of second chances,” Swartz told the court. “He has been given chance after chance, yet he continues to drive while intoxicated and put the safety of this community at risk.”
Judge Steel ultimately sentenced Cooper to 45 years in prison.
The New Braunfels Police Department investigated the case. Chief Felony Attorney Daniel Floyd, Assistant District Attorney Pawan Singh and Swartz prosecuted the case.
The Comal County Criminal District Attorney's Office also recognized Swartz for her work on the prosecution. Swartz began her legal career as a receptionist with the District Attorney's Office and later worked as a legal clerk in its misdemeanor and felony divisions before attending law school.
