State v. Smith

[¶ 1.] Duane Smith appeals his conviction for Driving under the Influence (DUI). We affirm.

FACTS AND PROCEDURE

[¶ 2.] On August 2, 2001, Trooper Slade Ross received a dispatch that a vehicle had left 1-90 and was upside down in the median. Upon arriving at the scene, Trooper Ross made contact with Smith who admitted to being the driver of the vehicle. Smith followed Trooper Ross to his patrol car to prepare an accident report. Trooper Ross noticed that Smith’s eyes were bloodshot; he swayed as he stood; his actions were slow and deliberate; and, his gait was unsteady. While the two were seated…