Billy Silvers appeals a Whitfield County Superior Court order affirming his conviction of driving under the influence OCGA § 40-6-391 a 51 in Whitfield County Probate Court. On appeal, Silvers challenges the sufficiency of the evidence. For the reasons that follow, we affirm. On appeal from his criminal convictions, Silvers no longer enjoys a presumption of innocence. Rather, we view the evidence in a light favorable to support the verdict, and we neither weigh the evidence nor determine witness credibility. We will uphold the verdict so long as any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt.2 So viewed, the record3 reveals that Robert Pellom testified that he was driving on Dawnville Road near its intersection with State Road 286 in Whitfield County, Georgia at approximately 7:00 p.m. on December 3, 2005, when he observed a white vehicle driving erratically from behind. Pellom stated that the vehicle passed his car, cut him off by crossing into his lane of travel, then cut off other cars, forcing them off the road before stopping at the stop sign at the intersection. The vehicle forced another car into the intersection and then turned onto State Road 286. While driving, Pellom called the police on his cellular phone and described the car and gave its tag number to the 911 operator. On cross-examination, Pellom stated that he could only see the silhouette of the driver and could not determine the driver’s race or sex but that the driver appeared to be a large person. Officer R. E. Wheeler of the Whitfield County Sheriff’s Department testified that at 6:36 p.m. on the evening in question, a BOLO call was issued for a white Chevrolet Corsica, which included the tag number. Approximately 28 minutes later, Wheeler, who was en route to 2045 Upper Ridge Road in Dalton to answer a call regarding a possible disturbance at the residence, observed the vehicle that was the subject of the BOLO call sitting in the driveway of the residence.4 Silvers answered the door. He told Wheeler that the car was his and that he had been at home. Wheeler testified that he felt the hood of the car, which was warm to the touch. Wheeler further testified that Silvers told him that he had been in the area of Dawnville Road and State Road 286 at approximately 5:30 p.m. and that he had begun drinking alcohol only after he arrived home. Wheeler administered field sobriety tests to Silvers, and Silvers tested positive on the alcosensor test.
Wheeler arrested Silvers for DUI and transported him to the county jail where an intoxilyzer test was performed, revealing that Silvers’ blood alcohol content was .145. On cross-examination, Wheeler testified that another man was in the house with Silvers, but no information was taken concerning that man. No other testimony was offered at the trial.
