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Johnson v. State

Defendant's refusal to take the state administered chemical test, his bloodshot eyes and his failure to follow the officer's instructions on how to perform the field sobriety tests supported his DUI conviction.

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Defendant Scott Richard Johnson was found guilty of DUI following a bench trial. He appeals, contending the trial court erred in denying his motion to suppress and that the evidence was insufficient to support his conviction.

The arresting officer testified that he was traveling eastbound on Highway 54 at Shakerag Hill in Fayette County when he observed Johnson change lanes three times without signaling. The officer testified that there were approximately three to four cars on the road, including his car, at that time. The officer further testified “the lane changes seemed very fast as he was driving, coming up behind the car and going into the other lane without signaling.” The officer activated his blue lights and Johnson pulled into a shopping center. The officer testified that he initially talked with Johnson through the open driver’s window of Johnson’s car and that he could smell a very strong odor of intoxicating beverage coming from Johnson’s breath and person. The officer asked Johnson if he had been drinking and Johnson responded he had consumed three glasses of wine. The officer testified that Johnson’s speech was slurred, his eyes were bloodshot, his pupils were dilated, his face was flush but that his clothing was orderly. Johnson informed the officer he had a sore throat and the officer noted that Johnson’s speech was slow and “kind of crackly.” The officer testified Johnson had no difficulty exiting his vehicle, but that his “turning was hesitant.”

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