Johnson v. State

OPINION

MANNHEIMER, Judge.

Michael J. Johnson appeals his conviction for felony driving under the influence. 1 He first contends that the evidence presented at his trial was legally insufficient to prove that he was under the influence at the time he operated the vehicle (as opposed to later, after the police stopped him).

At trial, Johnson testified that, during the approximately three minutes between the time the police pulled him over and the time they ordered him out of the car, he was surreptitiously taking drinks from a bottle of vodka. Johnson attributed his poor performance on the field…