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Buckalew v. State

Evidence showing that defendant had a blood alcohol level of .134 less than three hours after the officers saw him operating a boat on a public lake supported his per se conviction.

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Steven M. Buckalew was convicted of two counts of boating under the influence. He was sentenced only on count two, boating under the influence per se.1 In his appeal, Buckalew challenges the sufficiency of the evidence. He also claims that the trial court erroneously admitted evidence and made two charging errors. For reasons that follow, we affirm.

On appeal, Buckalew no longer enjoys a presumption of innocence, and the evidence must be viewed in a light most favorable to the verdict.2 When so viewed, the evidence established that Michael Odom contacted the police after his 72-foot houseboat was rammed on Lake Lanier by a boat owned by Buckalew’s brother, Dale. Just before the collision, Dale’s boat had drifted into Odom’s boat lines. Dale apologized and explained that he was having trouble maneuvering the boat, which was stuck in reverse. Odom suggested that Dale give Odom about fifteen minutes to leave the area before moving the boat again. Dale apparently agreed and began waiting with his boat engine off.

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