Roberts v. State

David Newbern, Justice.

This appeal is from conviction of the appellant of DWI and violation of the implied consent law. We affirm the DWI conviction as the evidence below supports the trial court’s finding that the appellant was intoxicated while in physical control of a vehicle in violation of Ark. Stat. Ann. § 75-2503(a) (Supp. 1985). We reverse and dismiss the appellant’s conviction of violation of the implied consent law because the evidence does not support a finding the appellant violated Ark. Stat. Ann. § 75-1045 (Supp. 1985).

1. DW1

A police officer found the appellant asleep at 1:30…