Smith v. State

Blackburn, Presiding Judge.

Following his conviction by a jury of driving under the influence by reason of an alcohol concentration of 0.08 grams or more, 1 2 William Morris Smith appeals, arguing that (1) the evidence was insufficient to support his conviction, and (2) the trial court erred in giving additional instructions to the jury in response to its question. For the reasons set forth below, we affirm.

1. Smith contends that the evidence was insufficient to support his conviction under OCGA § 40-6-391 (a) (5), the “per se” DUI violation. Under that Code subsection, a person is guilty of…