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State v. Berkeley5/30/2001
U.S. 943, 118 S.Ct. 2352, 141 L.Ed.2d 722 (1998).
Intoxication, with its attendant behavioral manifestations, is an observable condition about which a witness may testify. State v. Allen, 440 So.2d 1330 (La.1983); State v. Worachek, 98-2556 (La.App. 1 Cir.11/5/99), 743 So.2d 1269. What behavioral manifestations are sufficient to support a charge of driving while intoxicated must be determined on a case-by-case basis. Some behavioral manifestations, independent of any scientific tests, are sufficient to support a charge of driving while intoxicated. State v. Pitre, 532 So.2d 424 (La.App. 1 Cir.1988), writ denied, 538 So.2d 590 (La.1989); State v. Holley, 32,156 (La.App. 2 Cir.8/18/99), 742 So.2d 636. The observations of an arresting officer may be sufficient to establish guilt. State v. Allen, 440 So.2d 1330 (La.1983).
In the instant case, the state and the defense presented two different versions of the facts. Deputy Scott DeJong testified that at the scene of the accident, defendant was coherent but uncooperative, had slurred speech, and smelled of alcoholic beverages. DeJong gave defendant a field sobriety test, which he failed. Trooper Alexis Sovinsky testified that he detected an odor of alcoholic beverages on defendant when he spoke to him at the hospital. Sovinsky also stated that defendant's eyes were bloodshot and his speech was slurred. DeJong and Sovinsky both stated that they could not perform many of the field sobriety tests because defendant had a fractured ankle and could not stand up. However, based on their experience and observations, they both believed that defendant was under the influence of alcoholic beverages at the time of the accident.
Steve Lewis, a friend of defendant's, testified that at 4:30 p.m. on the day of the accident, defendant met him and a group of people at Jaeger's Restaurant. Lewis stated that he believed that defendant only drank one screwdriver at Jaeger's prior to the accident. Lewis claimed that defendant was not intoxicated, his speech was not slurred, his eyes were not bloodshot, and he did not have a strong odor of alcohol on him when he left Jaeger's.
Defendant also testified at trial that he had only one screwdriver at Jaeger's on the day of the accident. Defendant testified that he was not intoxicated at the time of the accident, and that he was incoherent and had slurred speech after the accident because of his injuries. However, defendant admitted that he was not being attentive and could not stop his vehicle in time once he saw the red light, thus causing the accident.
After hearing the testimony and evaluating the credibility of the witnesses, the jury found defendant guilty of first degree vehicular negligent injuring. The question of the credibility of the witnesses is within the sound discretion of the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. The credibility of the witnesses will not be re-weighed on appeal. State v. Rowan, 97-21 (La.App. 5 Cir.4/29/97), 694 So.2d 1052.
In order to obtain a conviction for first degree vehicular negligent injuring, the state must prove that defendant was driving a vehicle which caused serious injury to someone, and that defendant was under the influence of alcohol at the time of the accident. Defendant admitted that he was driving the vehicle, ran the red light, and did not dispute that the victim sustained serious injuries. Therefore, the only issue is whether defendant was under the influence of alcohol at the time of the accident. Upon review, we find that any rational trier of fact, accepting Deputy DeJong and Trooper Sovinsky as credible witnesses, could have found that defendant was under the influ
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