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Porter v. State6/25/2003
iver's crashing of his car in a single-car accident, accompanied by proof that the driver had a strong smell of alcohol about him and tested positive with a .0904% blood-alcohol content, is not sufficient, as a matter of law, to sustain a conviction for DWI. The majority opinion suggests that under State v. Johnson, 326 Ark. 189, 931 S.W.2d 760 (1996), these factors must also be accompanied by proof of slurred speech, glassy eyes, and a confession before a finding of guilt can be made. This was not the holding of the supreme court in Johnson v. State, and today's decision marks a significant departure from existing case law, and is an additional basis for my dissent.
I am authorized to state that Judge Sam Bird joins in this opinion.
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