Blevins v. State

BONE, Judge.

This appeal is from a conviction for driving a motor vehicle upon a highway of this state while under the influence of intoxicating beverages.

Over timely objection and exception of defendant, testimony was permitted to be introduced that some time after the defendant was first seen driving that he was “drunk.” This was error. Before a defendant can be convicted for the offense of driving while under the influence of intoxicating beverages, he must, at the time and place charged, have been driving while under the influence of intoxicating beverages. Rainey v. State, 31 Ala.App. 66,…