William Terrence Murray appeals his conviction for two counts of driving without a valid license after being declared a habitual violator.1 We reverse as to those counts,2 for the reasons that follow. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Moreover, we do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.3 So viewed, the evidence shows that on April 22, 2007, Murray was pulled over after an officer observed him driving approximately 70-80 miles per hour in a 45-mile-per-hour zone. A check of Murray’s driver’s license revealed that he was declared a habitual violator in 2004 and had a probationary driver’s license. After the officer noticed Murray’s large pupils and smelled alcohol emanating from him, Murray was arrested for driving under the influence of alcohol “DUI”. A subsequent blood test indicated that Murray’s blood alcohol level was 0.138 grams. Approximately two weeks later, on May 6, 2007, Murray drove his vehicle off the highway and into a ditch. When police reported to the scene, Murray, who was naked below the waist, had bloodshot, watery eyes and slurred speech, was argumentative and agitated, and smelled of alcohol. Murray was arrested for DUI, but he refused to submit to a blood test. The arresting officer ran Murray’s license and learned that Murray was a habitual violator; Murray did not tell the officer that he had a provisional license.
With regard to the April 2007 incident, Murray was charged with the following: driving without a valid license after being declared a habitual violator Count 1; driving under the influence of alcohol with an illegal alcohol concentration “DUI per se” Count 2; driving under the influence of alcohol to the extent that he was a less safe driver “DUI less safe” Count 3; possession of marijuana Count 4; possession of an open container of alcohol while operating a motor vehicle Count 5; reckless driving Count 6; and operating a vehicle without an operational tag light Count 7. With regard to the May 2007 incident, Murray was charged with the following: driving without a valid license after being declared a habitual violator Count 8; DUI per se Count 9; failure to maintain lane Count 10; and alteration of his license plate Count 11.
