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Blankenship v. State

The DUI defendant smelled of alcohol, had watery, bloodshot eyes, was unsteady on his feet and failed all three field sobriety tests.

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Following a jury trial, Joseph Blankenship appeals his conviction for DUI less safe1 and possession of marijuana.2 He challenges the sufficiency of the evidence and argues that the trial court erred i in denying his motion to suppress, ii in denying his request to strike four jurors for cause, and iii in giving certain jury charges. Discerning no error, we affirm. 1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .4

So viewed, the evidence shows that on August 30, 2008, Blankenship, who was driving a vehicle with no passengers, was stopped at a duly-authorized police roadblock and asked for his driver’s license and proof of insurance. When he handed these items to the officer, the officer smelled a strong odor of alcohol on Blankenship’s breath and saw that Blankenship had watery, bloodshot eyes, which led the officer to ask if Blankenship had been drinking; Blankenship admitted that he had.

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