Bell v. State

Pope, Judge.

Defendant Randall Eugene Bell appeals his conviction for driving under the influence.

1. Defendant was charged with violating OCGA § 40-6-391 (a) (1), which makes it a crime to be under the influence of alcohol or drugs to the extent that one becomes a “less safe driver.” The arresting officer testified that the only indication of intoxication exhibited by defendant was the odor of alcohol on his breath. This alone is insufficient evidence to show defendant’s capacity to drive was impaired. See Clay v. State, 193 Ga. App. 377 (2) (387 SE2d 644) (1989). However, evidence was…