State of Tennessee v. Jessica Lee Clark

The Franklin County Grand Jury indicted Appellant, Jessica Lee Clark, for one count of driving under the influence (“DUI”), one count of violation of the implied consent law, and one count of reckless driving. Appellant was convicted of DUI by a jury and the trial court determined she had violated the implied consent law. She was acquitted of the reckless driving charge. The trial court sentenced Appellant to eleven months and twenty-nine days to be served on probation except for seven days to be served in confinement. Appellant appeals her DUI conviction. On appeal, Appellant argues that the evidence presented that she was intoxicated through the ingestion of alcohol is not sufficient evidence to support her conviction because the use of the term “intoxicant” in Tennessee Code Annotated section 55-10-401(a)(1) requires evidence of the use of an intoxicant other than alcohol. We conclude that the term “intoxicant” as used in Tennessee Code Annotated section 55-10-401(a)(1) does include alcohol and that Appellant’s argument is without merit. Therefore, we affirm the judgment of the trial court.