State v. Breech

Appellant (“Breech”) appeals his conviction and sentence for driving under the influence of alcohol (“DUI”), second offense. We reverse and remand for resentencing for DUI first offense.

Breech claims that the trial judge erred in refusing to grant a motion for directed verdict or in the alternative a new trial because the evidence was insufficient for the jury to find him guilty of DUI. We disagree.

In reviewing the refusal to grant a directed verdict, the evidence is viewed in the light most favorable to the State to determine whether there is any evidence, either direct or circumstantial,…