Jernigan v. State

Phipps, Judge.

Edward Jernigan was charged with driving under the influence of alcohol with an unlawful blood alcohol concentration, driving under the influence of alcohol to the extent that it was less safe to drive, and reckless driving. At a bench trial, the court found Jernigan guilty of the two DUI charges and not guilty of reckless driving. At sentencing, the court merged the less safe conviction into the per se DUI conviction. Jernigan appeals. He challenges the sufficiency of the evidence to show that he was intoxicated while he was driving, as opposed to afterward. Finding the…