People v. Smoots

Opinion by

JUDGE GRAHAM

¶ 1 Defendant, Ruben Charles Smoots, appeals the judgment of conviction entered on three jury verdicts finding him guilty of vehicular assault — DUI, DUI, and DUI per se. We affirm the convictions for vehicular assault and DUI per se. We vacate the DUI conviction.

¶ 2 According to the People’s evidence, defendant was driving a vehicle east on a two lane highway while the victim was driving west bound. Defendant swerved into the *55victim’s lane, striking the victim’s vehicle. The victim suffered serious injuries.

¶ 3 Defendant’s blood alcohol level shortly after the collision…