This section contains the nature of the case and procedural background.

Officer Johnson came upon a Jeep Wrangler parked in the left lane of Highway 90. He asked if assistance was required. D called back that he was out of gas. Johnson instructed D to place the Jeep in neutral so it could be pushed from the lane of traffic. Johnson detected a strong odor of alcohol on D's breath, who was seated in the driver's seat. The keys were in the ignition, but the engine was not running. No one else was in the vehicle. D also appeared glassy-eyed and slurred his speech. Johnson performed a field sobriety test. D was arrested for driving under the influence. D identified himself to the officer as Cedrick Lewis, his twin brother. The Jeep was impounded. During an inventory, D's wallet and identification were found in the vehicle. A blood sample indicated a blood alcohol level of 0.30. D claimed his friend, Willie Brooks, had been driving but left the vehicle to find more gasoline, leaving D alone in the vehicle. D was convicted and appealed.

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