Matthew A. Scoggins was convicted at a stipulated bench trial upon one count of driving under the influence of alcohol to the extent he was a less safe driver OCGA § 40-6-391 a 1 and one count of driving under the influence of alcohol with an unlawful concentration of alcohol. OCGA § 40-6-391 a 5. Upon entering its findings, the trial court merged the DUI-per se offense with the DUI- less safe offense, and found Scoggins guilty beyond a reasonable doubt of DUI-less safe. On appeal, Scoggins challenges the sufficiency of the evidence, arguing i that the trial court erred in admitting the results of the State-administered breath test, and ii that such results were inadmissible under the implied consent law because the arresting officer lacked probable cause to arrest him under the DUI-statute, OCGA § 40-6-391. Discerning no error, we affirm. When evaluating the sufficiency of evidence, the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. This Court does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury’s assessment of the weight and credibility of the evidence. Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court. Footnote and punctuation omitted. Lyons v. State , 300 Ga. App. 254, 255 1 684 SE2d 388 2009. So viewed, the evidence shows that Officer T. K. Heller of the Gwinnett County Police Department was dispatched to a county neighborhood upon reports that the driver of a silver Nissan Xterra was firing a weapon out the driver’s side window of a moving vehicle. Upon reaching the neighborhood, Officer Heller observed a Nissan Xterra matching the description he had been given backing out of a driveway, prompting him to activate his blue lights and initiate a stop. After being brought to a stop, Scoggins exited his vehicle. Officer Heller ordered Scoggins to place his hands in the air and walk backwards towards his patrol vehicle where he handcuffed Scoggins, heard him say “I’m not going to lie, it was me,” formally arrested him for the offense of illegal discharge of a firearm near a public street, and placed him in the rear seat of his patrol vehicle.
In the search of the vehicle which followed, Officer Heller found an alcoholic beverage in the front cup holder, a firearm under the driver’s seat, and a shell casing on the ground between the driver’s seat and the door. Asked if anybody else had been in the vehicle with him, Scoggins responded in the affirmative and stated that his passenger, Denver Gray, had gone into the nearby residence. Officer Heller then proceeded to the residence and interviewed Gray who told him that he and Scoggins had consumed two pitchers of beer earlier; that he had been Scoggins’ passenger; and that Scoggins fired his gun from the Xterra as reported.
