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State v. Pickard12/14/2005
c test, are sufficient to support a charge of driving while intoxicated. State v. Blackburn, 37,918 (La. App. 2d Cir. 1/28/04), 865 So. 2d 912. It is not necessary that a condition of DWI be based upon a blood or breath alcohol test, and the observations of an arresting officer may be sufficient to establish the defendant's guilt, since intoxication is an observable condition about which a witness may testify. Minnifield, supra. What behavioral manifestations are sufficient to support a charge of driving while intoxicated must be determined on a case-by-case basis. Id. Furthermore, a subjective opinion that a subject failed a field sobriety test may constitute sufficient evidence of intoxication to support a DWI conviction. Id.
In the case sub judice, Defendant contends that the evidence is insufficient to sustain his conviction of DWI, third offense. The evidence presented consisted of Deputy Spike's observations of Defendant's poor driving and the observations he made after stopping Defendant, including the smell of alcohol on his person, slurred speech, unsure balance and the fact that Defendant gave a false name.
Deputy Hicks testified that, as he pulled up behind Deputy Spikes' patrol car, Defendant was standing beside his truck. Deputy Hicks stated that his initial observation was the odor of alcoholic beverage on Defendant's person. Deputy Hicks further testified that, when he conducted the HGN test, he observed all six clues of the test. He corroborated Deputy Spikes' testimony that Defendant stated that he had consumed two beers. In addition, the videotape of the traffic stop was introduced in connection with the field sobriety tests and Deputy Hicks testified that it was a true and accurate representation of the events of the stop. Deputy Hicks testified that, based on the field sobriety tests and his observations, he determined that Defendant was intoxicated and impaired.
Considering the testimony and evidence, in a light most favorable to the prosecution, a rational fact finder could have found beyond a reasonable doubt that the evidence was sufficient to support the conviction. See Jackson v. Virginia, supra; Hearold, supra; Bosley, supra. Since the credibility of witnesses is the sound discretion of the trier of fact, the appellate court does not assess the credibility or reweigh evidence. Smith, supra. We find that the testimony of the two deputies regarding their observations of Defendant and their consistent opinions that Defendant was under the influence and impaired is sufficient to support his conviction.
CONCLUSION
For the foregoing reasons, the conviction and sentence of Defendant, Dennis Dion Pickard, are affirmed.
AFFIRMED.
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