A Coweta County jury found Don Duncan guilty of driving under the influence of alcohol to the extent that he was a less safe driver “DUI alcohol”,1 driving under the influence of drugs to the extent it was less safe for him to drive “DUI drugs”,2 driving under the combined influence of alcohol and drugs “DUI combined substances”,3 driving with an expired driver’s license,4 driving with an expired tag,5 and operating a motor vehicle without proper headlights.6 Duncan appeals, challenging the sufficiency of the evidence to support the three DUI convictions and arguing that the trial court erred by admitting evidence regarding the Horizontal Gaze Nystagmus “HGN” test and the testimony of the State’s expert. We affirm, for the following reasons. On appeal the evidence must be viewed in the light most favorable to support the verdict, and Duncan no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.7 So viewed, the evidence shows that on August 11, 2008, Corporal Chris Segrest of the Coweta County Sheriff’s Department noticed Duncan’s truck, which had no operating headlights, and followed it for approximately two miles. After Corporal Segrest saw Duncan’s vehicle cross the center line, he ran Duncan’s tag and learned that it was expired. Corporal Segrest then initiated a traffic stop. Corporal Segrest asked to see Duncan’s driver’s license, and Duncan complied, producing an expired license. The officer noticed that Duncan’s eyes were bloodshot and glassy and exhibited nystagmus —an involuntary jerking —
in both eyes, and he detected a slight odor of alcohol and a strong odor of cologne emanating from Duncan. Corporal Segrest then asked Duncan to exit the truck, noting that he seemed unsteady on his feet. The officer administered the HGN test on Duncan and observed six of out six possible “clues” for nystagmus.8 During the test, Duncan initially followed the officer’s pen with his head, instead of just with his eyes as the officer instructed him to do. Corporal Segrest asked Duncan to perform the walk-and-turn and the one-leg-stand field tests, but Duncan became angry and refused, insisting that the officer allow him to go home or take him to jail. When Segrest asked him how many drinks he had consumed, Duncan initially denied having any alcohol, but then admitted that he had consumed a beer. Duncan also stated that he had taken Lorcet for his back pain. Based on his observations, Corporal Segrest concluded that Duncan was driving under the influence of alcohol and/or drugs such that he was a less safe driver and placed him under arrest.9 Corporal Segrest read Duncan the implied consent notice for individuals over 21 years of age, but Duncan would not agree to a State-administered blood test. After Duncan’s arrest, the police searched his truck and discovered an empty prescription bottle of hydrocodone.10
