After a jury trial, Perry Lee Steele was convicted of driving under the influence to the extent it was less safe for him to do so.1 He argues on appeal that the court erred by admitting similar transaction evidence. We disagree, and accordingly we affirm. A law enforcement officer testified that on the evening of September 20, 2008, he observed Steele drive a vehicle into a gas station parking lot, over a curb, and onto a sidewalk, near some pedestrians and “within inches of hitting a building.” Steele “nearly stumbled” and “had to use the vehicle for support” as he got out of the vehicle. When the officer approached Steele, he detected a strong odor of an alcoholic beverage. Steele slurred his speech and mumbled as he spoke to the officer, he was unsteady on his feet, and his eyes were bloodshot and glassy. He admitted to having consumed alcohol earlier that day. Steele exhibited six out of a possible six clues of impairment on the horizontal gaze nystagmus field sobriety test. He declined to perform any other field sobriety tests, citing a leg injury, and he did not consent to a state-administered breath test. The officer, based upon his training, experience and observations of Steele, believed that Steele was under the influence of alcohol to the extent that it was less safe for him to drive.
The state introduced similar transaction evidence through a law enforcement officer, who testified that in August 2007 he observed Steele asleep behind the wheel of a vehicle in a parking lot at approximately 2:30 in the morning. When the officer turned on his patrol car’s blue lights and approached Steele’s vehicle on foot, Steele roused and quickly pulled off onto the adjacent road. The officer pursued Steele, and he observed Steele weaving on the road and failing to maintain his lane. Steele stopped at his residence, where he staggered as he got out of his vehicle. The officer observed that Steele “couldn’t walk straight,” that he emitted a strong odor of an alcoholic beverage, that his speech was slurred, and that his eyes were glassy. Steele admitted to having consumed alcohol. He refused to perform any field sobriety tests or to consent to a state-administered test. The officer, based on his observations, believed that Steele was under the influence of alcohol to the extent it was less safe for him to drive. Steele subsequently pleaded guilty to DUI.
