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State v. Wiggin8/26/2004
ing liquor." Id. at 43-44 (quotation omitted); RSA 265:82, I(a). To prove that the defendant was "under the influence of intoxicating liquor," the State "need only prove impairment to any degree." Parmenter, 149 N.H. at 44.
Here, the following evidence was sufficient to find the defendant guilty of driving under the influence. Officer Martin testified that he saw the defendant drive on a way, and when he approached the defendant, he noticed an odor of alcohol and observed the defendant's flushed face and bloodshot, glassy eyes. By the defendant's own admission, he had consumed a few beers--one as late as 11:00 p.m. The officer also testified that the defendant failed all five FSTs. Specifically, the officer testified that in administering the Horizontal Gaze Nystagmus (HGN) test, after explaining to the defendant not to move his head and to follow the pen with his eyes, the defendant moved his head on the first two attempts. After explaining the test a third time, the officer noted impairment when the defendant performed the test. During the alphabet test, in which the officer asked the defendant to recite the alphabet from E to T, the defendant only recited to K and then confused the letters. In the counting test, the officer asked the defendant to count backwards from forty-five to twenty-three. The officer testified that the defendant lost count somewhere in the twenties and that he "rambled a little bit with numbers." The officer then demonstrated the one-legged stand test and explained to the defendant that he should stand with one foot off the ground about six inches, keep his hands to his side, look down at his foot, and count to thirty until he was told to stop. The defendant was unable to keep his foot off the ground, used his arms for balance, and put his foot down after only three or four seconds. Finally, during the Romberg balance test, the defendant was instructed to stand with his hands by his side, tilt his head back slightly, and close his eyes for an estimated thirty seconds. The defendant opened his eyes within approximately five seconds and swayed while his eyes were closed. After the defendant was arrested and taken to the police station, he refused to submit to a blood-alcohol test.
The defendant testified to a number of facts to support his argument. He claimed, among other things, that difficulty with contact lenses and snowy conditions affected his ability to perform the HGN test; that ankle and knee problems and deep snow affected his ability to perform the balancing tests; that the officer told him to stop on the alphabet test; and that the officer's instructions concerning the counting test confused him. Even if these facts would tend to rebut the State's evidence and support the defendant's position that he was not impaired by alcohol, any conflicts in the evidence are for the fact finder to resolve. See id.
We conclude that the evidence was sufficient such that a rational trier of fact could conclude beyond a reasonable doubt that the defendant was guilty of driving under the influence.
Affirmed.
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