State v. Johnson

McHUGH, Chief Justice:

The defendant, Robert C. Johnson, appeals his jury conviction in the Circuit Court of Upshur County of first offense driving under the influence of alcohol (hereinafter “DUI”). 1 The circuit court sentenced the defendant to forty days in the county jail, fined him $100.00, and assessed against him the court costs. For reasons stated below, we affirm the defendant’s conviction.

I

On May 9, 1993, a police officer saw the defendant driving his car left of the center line. Upon stopping the defendant’s vehicle, the police officer noticed a strong odor of alcohol coming from…