Criminal Law: DWI – Sufficiency Of Evidence – Field Test

Where a defendant appeared to be hallucinating, had glassy eyes, could not keep his eyes open, could not keep his balance and gave slurred, nonsensical answers to officers following an accident in which he hit a parked car, and the defendant also admitted taking Xanax and drinking gin, the evidence supported an inference that the presence of drugs caused the impairment, and the evidence was sufficient to establish the elements of a DWI, and the defendant could not bring a claim after trial that there was no foundation for an expert’s opinion.

Judgment is affirmed.

State v. Honsinger (MLW No. 64246/Case No. SD31628 – 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Greene County, Imhof, J. (Nancy Graven Price, Springfield, for appellant) (Matthew Joseph Arens, Springfield, for respondent).

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