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Keenum v. State

The officer's omission of a phrase while reading the implied consent notice for the second time did not negate or nullify his first warning.

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Claude Kermit Keenum, Jr. appeals from the judgment entered after a bench trial finding him guilty of driving under the influence of drugs. We find no reversible error and affirm.

This case arose when police responded to a call from Keenum about drug activity at a certain address. When the officer arrived at the address given, she waited outside in the patrol car. After a few minutes, Keenum drove up, pulled over and parked. He got out of his truck and walked over to the police car. Keenum told the officer that he had been in the house for four days, using cocaine, drinking vodka, and possibly using marijuana. He also said he was “messed up” and the people in the house were trying to kill him. The officer stated that Keenum’s behavior and speech were erratic and he smelled of alcohol. Based on this behavior and Keenum’s admissions, the officer arrested him for DUI.

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