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Blanchard v. State

The defendant did not show that his counsel was deficient in presenting evidence that his diabetes could have contributed to his behavior at the time of his DUI arrest.

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Sylvester Blanchard appeals his convictions for DUI-less safe Alcohol and unsafe tires. He contends that he received ineffective assistance of counsel because trial counsel did not present evidence that his diabetes could have contributed to his behavior at the time of his arrest, and thus the trial court should have granted his motion for a new trial. For the reasons stated below, we affirm.

Viewed in the light most favorable to the verdict, the evidence shows that Blanchard’s tire “blew out” as he was driving home around midnight. A motorist who observed the blow-out and subsequent shredding of the tire called 911 to report the incident when Blanchard did not slow down or change course. Police arrived at Blanchard’s residence to find him “passed out” in the driver’s seat, still wearing his seatbelt and with the key in the ignition. Upon waking Blanchard, officers noted the “strong odor of an alcoholic beverage” on his breath, slurred speech, confusion, lack of coordination, and glassy, bloodshot eyes. Blanchard agreed to submit to a portable Breathalyzer test, which was positive. Blanchard was arrested for DUI and unsafe tires. When the officers asked him for another breath test at the precinct, Blanchard refused. Blanchard testified that he did not take the second test because he was not intoxicated, and that the only alcohol he had consumed was a small amount of Four Loko, an energy drink that contains alcohol. He further testified that, had he been intoxicated, he would have agreed to the test and pled guilty to the charge, as he did in 2008. The jury found Blanchard guilty on both counts.

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