Drayton v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of driving under the influence (DUI). Held:

1. The arresting policé officer testified that defendant was passed out behind the steering wheel of a station wagon which was “sitting against the curb with the engine running” and the transmission in drive. Defendant smelled of alcohol and when officers got him out of the station wagon he was unsteady on his feet. Another officer testified as to conducting an intoximeter test on defendant’s breath which produced a reading of “.15 grams percent.”

Defendant enumerates as error the denial of…