In its conclusion the appeals court reasoned that the defense's argument that Reyes was drunk as a form of habituation carried little weight. I agree that there is no exact formula for establishing a habit. However they keep it to a “response uniformity” standard. This means that the accused had to prove to prove the habit that “intoxication on a given occasion depends on the degree of regularity of the practice and its coincidence with the occasion”. Reyes vs. Missouri Pac. R. Co., 589 F.2d 791, 795 (5th Cir. 1979) They concluded that four instances in a period of approximately four years could not constitute or satisfy the requirements to establish