This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was involved in a domestic incident and subsequently drove away. An officer was dispatched to locate her and observed her swerving out of her lane on a highway. Upon being pulled over, the officer detected an odor of alcohol, and the Defendant exhibited signs of impairment, including bloodshot eyes and difficulty following instructions during field sobriety tests. An open bottle of vodka was found in her vehicle, and she refused to submit to a breath test (paras 2, 5, and 7).
Procedural History
- District Court, Lincoln County: The Defendant was found guilty of aggravated driving while under the influence of intoxicating liquor (DWI), possession of an open container, and failure to maintain a traffic lane (para 2).
Parties' Submissions
- Appellant: The Defendant argued that the evidence was insufficient to support her aggravated DWI conviction, asserting that her driving behavior was not indicative of impairment and that she was cooperative during the encounter. She also challenged the conduct of the field sobriety tests (paras 2 and 5).
- Appellee: [Not applicable or not found]
Legal Issues
- Was there sufficient evidence to support the Defendant's conviction for aggravated DWI? (para 2)
Disposition
- The Court of Appeals affirmed the district court's judgment and sentence (para 9).
Reasons
Per Wray J. (Henderson and Baca JJ. concurring): The Court held that the evidence, viewed in the light most favorable to the verdict, was sufficient to support the conviction for aggravated DWI. The Court noted the Defendant's erratic driving, the smell of alcohol, her admission of drinking, her bloodshot eyes, her inability to follow instructions during field sobriety tests, the presence of an open container, and her refusal to take a breath test. These factors collectively constituted substantial evidence of impairment beyond a reasonable doubt (paras 4, 6, and 8).