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Fletcher v. State

Evidence supported defendant's conviction for DUI less safe, even though police performed no field sobriety tests due to his injuries, because the evidence showed that defendant lost control of his vehicle and left the roadway, defendant told a 911 operator he was intoxicated, defendant's vehicle and person smelled of alcohol, and defendant's eyes were dilated in a well-lit room.

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A jury found Brushawn Perry Fletcher guilty on two counts of homicide by vehicle, one count of DUI less safe, and one count of driving without a license.1 Following the denial of his motion in arrest of judgment and his amended motion for new trial, Fletcher appeals, citing several claims of error. Having reviewed these claims, we find they are without merit and affirm. Construed in favor of the verdict, the record reveals that police officers responded to the scene of a single-car accident around 4:00 a.m. The 911 operator had received a call from Fletcher, the driver of the vehicle, stating that he needed help. When the operator asked Fletcher if someone was there with him who could also help, Fletcher replied “No, we’re drunk. We’re fed up.” When officers arrived, they observed Fletcher sitting beside the driver’s door and observed the deceased victim inside the vehicle. Officers also observed the strong odor of alcohol coming from the vehicle and believed that Fletcher might have been under the influence of alcohol.

Fletcher was transported to a hospital for treatment of the injuries he received. When Fletcher arrived, a deputy, instructed to follow the ambulance to the hospital, noticed the smell of alcohol on Fletcher’s person. He also noticed that Fletcher’s pupils were dilated, which he considered unusual since he and Fletcher were in a well-lit room. Based on his observations, the deputy believed that Fletcher had been driving under the influence of alcohol to the extent he was a less-safe driver. The deputy then read Fletcher the implied consent warning. Fletcher consented to a test of his blood, which revealed that he had a blood alcohol concentration of 0.142.

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