Smith v. State

Birdsong, Presiding Judge.

Donny Sewell Smith appeals his judgment of conviction of DUI and the sentence. A police officer observed a vehicle driven by appellant weave and cross over into the oncoming lane. When the officer asked appellant how he was doing tonight, appellant responded “not too good.” The police officer asked why, and appellant stated it was “because I been drinking and you pulled me over,” or words to this effect. The police officer ordered appellant from the vehicle and observed the strong smell of alcohol. Appellant was asked to recite the ABC’s portion of the sobriety test…