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State v. Walker10/25/1999
rm. to appeal denied, (Tenn. Mar. 27, 1995). Finally, the appellant chose to put himself behind the wheel of his vehicle after several hours of drinking alcohol and bar-hopping that evening, thus, exposing potential passengers and other motorists to the dangers of drunk driving. See, e.g., Bingham, 910 S.W.2d at 456; State v. Butler, 880 S.W.2d 395, 401 (Tenn. Crim. App. 1994); State v. Eric W. Friedl, No. 02C01-9509-CR-00255 (Tenn. Crim. App. at Jackson, Sept. 11, 1996). Although the circumstances of this offense are not egregious enough by themselves to
overcome the presumption of alternative sentencing, we conclude that the appellant's conduct was of such an excessive degree as to support a denial of total probation. See Bingham, 910 S.W.2d at 456 (citing State v. Fletcher, 805 S.W.2d 785, 788-89 (Tenn. Crim. App. 1991)).
Accordingly, upon de novo review and in accord with a presumption of correctness, we are unable to conclude that the trial court erred in determining that the appellant had not met his burden of establishing suitability for total probation. The judgment of the trial court is affirmed.
DAVID G. HAYES, Judge
CONCUR:
JOE G. RILEY, Judge
THOMAS T. WOODALL, Judge
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