Edward Jay Stubblefield was found guilty by a jury of violating OCGA § 40-6-391 a 1 by driving a moving vehicle while under the influence of alcohol to the extent that it was less safe for him to drive, and of violating OCGA § 40-6-48 1 by failing to safely drive his vehicle within a marked traffic lane.1 We find no error and affirm. 1. A Coweta County Deputy Sheriff testified that he saw Stubblefield driving on Interstate 85 in a highly erratic manner drifting from one lane to another without signaling and while attempting to pass other drivers. As the deputy followed behind Stubblefield and tried to stop him with blue lights and siren activated, Stubblefield slowed almost to a stop forcing the deputy to stop traffic behind him on the Interstate and then sped away. The deputy followed Stubblefield for a few minutes while watching him erratically weave from one side of the Interstate to the other before he finally pulled over and came to a stop. The deputy who made the stop and another deputy who arrived shortly after the stop detected a strong odor of alcohol about Stubblefield’s person and observed that he was unsteady on his feet. He had glassy eyes, slurred speech, and was unable to successfully complete a field sobriety test. After Stubblefield told the deputies that he was diabetic, an ambulance was summoned and a paramedic examined Stubblefield at the stop scene. The paramedic testified that Stubblefield had a slightly high glucose level, had an odor of alcohol about his person, was unsteady on his feet, and displayed other symptoms of being under the influence of alcohol, but that he did not require hospitalization. Stubblefield insisted that he was unable to complete field sobriety tests because of his diabetic condition; he refused to take a state-administered breath test to determine his alcohol concentration; and he told the deputy that he wanted a blood test. At that point, the deputy transported Stubblefield to a local hospital where he received treatment for his diabetic condition, but he refused to consent to a state-administered blood test to determine his alcohol concentration. As part of the examination and treatment that Stubblefield received for his diabetic condition, hospital emergency room personnel tested his blood and urine. Pursuant to a search warrant, the State obtained the results of those tests from the hospital, and the trial court admitted the test results into evidence over Stubblefield’s objection. The physician who treated Stubblefield at the hospital emergency room testified pursuant to subpoena that the test results showed Stubblefield had an elevated glucose level, but not high enough to require admission to the hospital. The physician testified that the tests also showed that Stubblefield had an elevated blood alcohol level and cocaine metabolites in his urine.2 Stubblefield was diagnosed by the physician with “alcohol intoxication with hyperglycemia secondary to diabetes.”
The deputies who observed Stubblefield driving and saw him at the scene of the stop, and the paramedic who examined him at the stop scene, testified that, based on their observations, Stubblefield was under the influence of alcohol to the extent that he was a less safe driver. The evidence was sufficient for the jury to find beyond a reasonable doubt that Stubblefield was guilty of driving under the influence of alcohol to the extent that he was a less safe driver, and of failing to safely maintain his vehicle within a marked traffic lane. OCGA § § 40-6-391 a 1; 40-6-48 1; Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.
